Yates v. Huson
District of Columbia Court of Appeals
Hearing on an appeal from a decision of the Commissioner of Patents in an interference proceeding. The facts are sufficiently stated in the opinion. i.
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Hearing on an appeal from a decision of the Commissioner of Patents in an interference proceeding. The facts are sufficiently stated in the opinion. i. Where an interference contest is between an application and an issued patent granted before the filing of such application, the applicant cannot prevail unless he shall be able to establish facts of the same kind that are required to defeat an existing patent if set up in defence of a suit for infringement of the patent, namely, that the alleged prior invention preceded the invention of the patentee in the sense that it was embodied in such…
1Opinion of the CourtJustice Shepard
First. This is an appeal from the decision of the Commissioner of Patents in an interference proceeding between parties claiming the same invention in a mechanical movement applied in the more speedy and efficient working of printing presses.
The first application for a patent was filed by the appellant, William B. Yates, November 9, 1891, accompanied by drawings disclosing his invention, and a patent waS issued to him March 22, 1892. Nine days after the grant of this patent — viz., March 31, 1892 — the appellee, Winfield S. Huson, filed his application for practically the same invention.…
2Cases cited3 opinions
- Agawam Co. v. JordanSupreme Court of the United States · 1869
- Ellithorp v. RobertsonU.S. Circuit Court for the District of Southern New York · 1859
- Cox v. GriggsU.S. Circuit Court for the Northern District of Illnois · 1861
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