Ewing v. United States Ex Rel. Fowler Car Co.
Supreme Court of the United States
CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This writ is directed to a judgment of the Court of Appeals of the District of Columbia which affirmed a judgment of the Supreme Court of the District of Columbia in mandamus commanding the Commissioner of Patents “to declare or direct to be declared an interference between the application of William E. Eowler, Sr., filed May 22, 1915, for Improvements in Car Floor Construction, and the application for a similar…
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CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This writ is directed to a judgment of the Court of Appeals of the District of Columbia which affirmed a judgment of the Supreme Court of the District of Columbia in mandamus commanding the Commissioner of Patents “to declare or direct to be declared an interference between the application of William E. Eowler, Sr., filed May 22, 1915, for Improvements in Car Floor Construction, and the application for a similar invention” qf an unnamed applicant “pursuant to the statute and rules in such cases made and provided.” The judgment…
1Opinion of the CourtJustice McKenna
The case is not in broad compass. It depends upon a few simple elements. Section 4904, Rev. Stats., provides: “Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to proceed to determine the question of the priority of invention. And the Commissioner may issue a patent to the party who is adjudged the prior inventor, unless the adverse party appeals…
2Cases cited2 opinions
- Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
- United States Ex Rel. Steinmetz v. AllenSupreme Court of the United States · 1904
3Cited by12 opinions
- Gilbert v. General Motors CorporationCourt of Appeals for the Second Circuit · 1943
- Harold T. Klein v. The Commissioner of Patents of the United StatesCourt of Appeals for the Fourth Circuit · 1973
- W. F. & John Barnes Co. v. International Harvester Co.District Court, N.D. Illinois · 1943
- Triangle Electric Supply Co. v. Mojave Electric Co.District Court, W.D. Missouri · 1963
- Lee v. VreelandCourt of Appeals for the D.C. Circuit · 1920
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