Master, Wardens, Searchers, Assistants and Commonalty of the Co. Of Cutlers in Hallamshire in County of York v. Sheffield Steel Corp

This is an appeal from the decision of the Assistant Commissioner of Patents reversing and remanding the decision of the Examiner of Interferences, granting appellants’ motion for summary judgment. Appellee has here moved to dismiss said appeal on the grounds that the decision appealed from is an interlocutory decision and therefore not appeal-able.

The decision of the Assistant Commissioner of Patents is essentially an order denying a motion for summary judgment. An order denying a motion for summary judgment is an interlocutory order, and as such is not a proper order for appeal. Marcus…