Legal Opinion

Hammer v. Robertson

Court of Appeals for the Second Circuit

Decided February 20, 1925No. Nos. 202, 203PublishedCited by 8 opinions

1Per curiam

Hammer, in prosecuting his application for a patent, encountered no opposition frqm other parties claiming the same asserted invention. There was no interference. His only opposition (so to speak) was from the Examiners; i. e., the Office. His was, in common parlance, an ex parte, not an inter partes, proceeding.

By this appeal he seeks to present a question not without interest, viz.: Is there any remedy under R. S. § 4915 (Comp. St. § 9460), for an applicant such as he, who has no successful patentee to sue, and no opponent but the Commissioner himself? On this question we cannot render an…

2Cases cited5 opinions

  1. Butterworth v. HillSupreme Court of the United States · 1885
  2. Baldwin Co. v. R. S. Howard Co.Supreme Court of the United States · 1921
  3. United States Ex Rel. Chott v. EwingSupreme Court of the United States · 1915
  4. Dover v. GreenwoodDistrict Court, D. Rhode Island · 1910
  5. Barrett Co. v. EwingCourt of Appeals for the Second Circuit · 1917

3Cited by8 opinions

  1. Century Distilling Co. v. Continental Distilling Co.Court of Appeals for the Third Circuit · 1939
  2. Hazeltine Corporation v. WhiteCourt of Appeals for the Second Circuit · 1934
  3. Armstrong v. De ForestCourt of Appeals for the Second Circuit · 1926
  4. Jamestown Veneer & Plywood Corp. v. National Labor Relations BoardDistrict Court, W.D. New York · 1936
  5. Canon v. RobertsonDistrict Court, D. Maryland · 1929

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