Duryea v. Rice
District of Columbia Court of Appeals
HEARING on an appeal from a decision of the Commissioner of Patents in an interference proceeding. The Court in the opinion stated the facts as follows: This is an interference proceeding between rival applicants for the invention of an improved gas engine, the issue in which has been defined in twenty-two counts, as follows: “1. A plurality of compressing chambers and separate explosion chambers, free connected piston heads in the explosion chambers, and means for supplying…
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HEARING on an appeal from a decision of the Commissioner of Patents in an interference proceeding. The Court in the opinion stated the facts as follows: This is an interference proceeding between rival applicants for the invention of an improved gas engine, the issue in which has been defined in twenty-two counts, as follows: “1. A plurality of compressing chambers and separate explosion chambers, free connected piston heads in the explosion chambers, and means for supplying explosive charges from the compressing to the explosion chambers, and firing the same to propel said piston heads…
1Opinion of the Court
Mr. .Chief Justice Si-iepaRD
delivered the opinion of the ■Court:
But two questions for determination are presented by the •elaborate statement of the reasons of appeal: 1. Is the device described in Pice’s application an operative one? 2. Is Rice the senior party in interference; or, in other words, is he entitled to date back to the filing of his original application on ■June 8, 1895 ?
The question of the operativeness of the device described in the application of the senior party to an interference has been presented to this court twice in different appeals in the same •case. Dodge v. Fowler,…
2Cases cited1 opinion
- Gandy v. MarbleSupreme Court of the United States · 1887
3Cited by2 opinions
- Bersworth v. WatsonDistrict Court, District of Columbia · 1956
- Summerhays v. CoeCourt of Appeals for the D.C. Circuit · 1939