In re Mills
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of tbe Commissioner of Patents rejecting an application for a patent on tbe ground that tbe invention was “on sale” for more than two years before tbe application was filed. The Court in tbe opinion stated tbe case as follows: Prom tbe refusal of tbe Commissioner of Patents to grant bim a patent for an improvement in refining-engines for paper-pulp the appellant, Melvin A. Mills, has taken this appeal.
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Hearing on an appeal from a decision of tbe Commissioner of Patents rejecting an application for a patent on tbe ground that tbe invention was “on sale” for more than two years before tbe application was filed. The Court in tbe opinion stated tbe case as follows: Prom tbe refusal of tbe Commissioner of Patents to grant bim a patent for an improvement in refining-engines for paper-pulp the appellant, Melvin A. Mills, has taken this appeal. The refusal is based upon a finding that the invention was “on sale” for more than two years before the application was filed. The record discloses that the…
1Opinion of the CourtJustice Duell
What is meant by the term “on sale” as used in the section referred to [U. S. Eev. Stat. § 4886] has been a subject of judicial consideration, and it will be found that the special facts of each case have been controlling in the conclusion arrived at in the special ease under advisement.
We may take as established certain general rules, and the main difficulty that arises in this, or any other, case lies in the application of the rules to the facts disclosed. Soane of these propositions have been laid down in cases where the question to be determined relates to sale, but the majority of them…
2Cases cited10 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Egbert v. LippmannSupreme Court of the United States · 1881
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Eastman v. Mayor of New YorkCourt of Appeals for the Second Circuit · 1904
- Graham v. McCormickDistrict Court, N.D. Illinois · 1880
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3Cited by2 opinions
- Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958
- Robert C. Watson, Commissioner of Patents v. Thomas J. AllenCourt of Appeals for the D.C. Circuit · 1958