Legal Opinion
Wheaton v. Kendall
U.S. Circuit Court for the District of Northern California
Decided January 31, 1898No. 11,781PublishedCited by 6 opinions
This was a suit in equity by Milton A. Wheaton against Charles B. Kendall, and was brought, under Rev. St. § 4915, to determine the question of priority of invention, after a decision against the complainant on interference proceedings in the patent office.
1Opinion of the Court
HAWLEY, District Judge.
This action was brought under section 4915 of the Revised Statutes, which reads as follows:
“Whenever a patent on application is refused, either by the commissioner of patents or by the supreme court of the District of Columbia upon appeal from the commissioner, the applicant may have remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the…
2Cases cited21 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- Coffin v. OgdenSupreme Court of the United States · 1874
- Cantrell v. WallickSupreme Court of the United States · 1886
- Coffee v. GrooverSupreme Court of the United States · 1887
- Butler v. ShawU.S. Circuit Court for the District of Massachusetts · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Appert v. Brownsville Plate Glass Co.U.S. Circuit Court for the District of Western Pennsylvania · 1904
- Schmertz Wire-Glass Co. v. Pittsburgh Plate-Glass Co.U.S. Circuit Court for the District of Western Pennsylvania · 1909
- Cothran v. CoeDistrict Court, District of Columbia · 1941
- Fay v. MasonU.S. Circuit Court for the District of Western New York · 1903
- Richards v. MeissnerU.S. Circuit Court for the District of Western Missouri · 1906
1 more not listed; retrieve them via the Exa API.