Weston Electrical Instrument Co. v. Empire Electrical Instrument Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York.
1Per curiam
We concur in so much of the opinion of the court below as holds that
“If more than one application could be made, the final application must be made within two years after the allowance of the original application, the term ‘the original application,’ as used in this section, meaning the first application.”
There is no ambiguity in the language of the statute as to the limitation of time within which the later application must be made. The provisions for withholding the patent upon the nonpayment of the final fee within six months, and for relief from the effect of such provision, are…
2Cases cited2 opinions
- Mahn v. HarwoodSupreme Court of the United States · 1884
- Planing-Machine Co. v. KeithSupreme Court of the United States · 1880
3Cited by5 opinions
- Dwight & Lloyd Sintering Co. v. GreenawaltCourt of Appeals for the Second Circuit · 1928
- General Electric Co. v. Continental Fibre Co.Court of Appeals for the Second Circuit · 1919
- Lektophone Corp. v. Miller Bros.District Court, D. Delaware · 1930
- In re FebreyCourt of Customs and Patent Appeals · 1943
- Harder v. HaywardCourt of Customs and Patent Appeals · 1945