Legal Opinion

Gandy v. Marble

Supreme Court of the United States

Decided May 27, 1887No. 277PublishedCited by 64 opinions

APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an appeal by the plaintiff in a suit in equity brought in the Supreme Court of the District of Columbia against the Secretary of the Interior and the Commissioner of Patents, from a decree of the general- term of that court dismissing the bill. The suit was brought by Maurice Gandy against II. M. Teller, as Secretary of the Interior, and E. M. Marble, as Commissioner of Patents.

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APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an appeal by the plaintiff in a suit in equity brought in the Supreme Court of the District of Columbia against the Secretary of the Interior and the Commissioner of Patents, from a decree of the general- term of that court dismissing the bill. The suit was brought by Maurice Gandy against II. M. Teller, as Secretary of the Interior, and E. M. Marble, as Commissioner of Patents. The bill was founded upon § 4915 of the .Eevised Statutes, which provides as follows: “ Sec. 4915. Whenever a patent on application is refused,…

1Opinion of the CourtJustice Blatchford

We are of opinion that this decree must be affirmed. It is provided by § 4894 of the Bevised Statutes as follows: “ Sec. 4894. All applications for patents shall be completed and prepared for examination within two years after the filing of the application, and in default thereof, or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have, been given to the applicant,- they shall be regarded a§ abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was…

2Cases cited1 opinion

  1. Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884

3Cited by64 opinions

  1. Kappos v. HyattSupreme Court of the United States · 2012
  2. Hoover Co. v. CoeSupreme Court of the United States · 1945
  3. United States Ex Rel. Baldwin Co. v. RobertsonSupreme Court of the United States · 1924
  4. Hyatt v. KapposCourt of Appeals for the Federal Circuit · 2010
  5. Radtke Patents Corporation v. CoeCourt of Appeals for the D.C. Circuit · 1941

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