Legal Opinion

In re Squire

U.S. Circuit Court for the District of Eastern Missouri

Decided October 22, 1877PublishedCited by 15 opinions

John J. Squire and one McDonough were in interference in the patent office upon their several applications for patents. The decision of the commissioner was adverse to Squire, who thereupon brought a bill under section 4915 Rev. St., and gave the proper notice to McDonough, who appeared and answered.

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John J. Squire and one McDonough were in interference in the patent office upon their several applications for patents. The decision of the commissioner was adverse to Squire, who thereupon brought a bill under section 4915 Rev. St., and gave the proper notice to McDonough, who appeared and answered. The question arising whether Squire could introduce testimony in this proceeding other than that given before the commissioner, Squire moved for the appointment of a special examiner, under the amended 67th rule, which motion was opposed by McDonough.

1Opinion of the Court

TREAT, District Judge.

It appears that Squire and McDonough made separate application for a patent substantially for the same device. The examiner of interferences decided in favor of Squire. Upon appeal, the board of examiners-in-ehief, sustained by the acting commissioner, reversed the decision of the examiner of interferences. Thereupon Squire instituted this suit, under section 4915, of the United States Revised Statutes, for a decree in his favor for a patent for his invention, as specified in his claim, or for such part thereof as he may be fouijd entitled to. The petitioner now moves…

2Cited by15 opinions

  1. Kappos v. HyattSupreme Court of the United States · 2012
  2. Hyatt v. KapposCourt of Appeals for the Federal Circuit · 2010
  3. Butler v. ShawU.S. Circuit Court for the District of Massachusetts · 1884
  4. Lucke v. CoeCourt of Appeals for the D.C. Circuit · 1934
  5. Bernardin v. NorthallU.S. Circuit Court for the District of Indiana · 1897

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