Legal Opinion

Potter v. Dixon

U.S. Circuit Court for the District of Southern New York

Decided July 2, 1863PublishedCited by 7 opinions

[This was a bill in equity by Orlando B. Potter, Nathaniel Wheeler, and others against Courtlandt P. Dixon and Edward Learned.] 2 [The bill in this ease was filed to set aside letters patent (or so much thereof as conflicted with letters patent owned by the plaintiffs) issued by the commissioner of patents to James G. Wilson, in pursuance of an order by Judge Dunlop, chief justice of the district court of the United States for the District of Columbia, made on appeal,…

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[This was a bill in equity by Orlando B. Potter, Nathaniel Wheeler, and others against Courtlandt P. Dixon and Edward Learned.] 2 [The bill in this ease was filed to set aside letters patent (or so much thereof as conflicted with letters patent owned by the plaintiffs) issued by the commissioner of patents to James G. Wilson, in pursuance of an order by Judge Dunlop, chief justice of the district court of the United States for the District of Columbia, made on appeal, December 30th, 1S02, and for an injunction, pending the suit, against the sale or use of the said patent. The order of Judge…

1Opinion of the Court

NELSON. Circuit Justice.

The 7th section of Act July 4, 1S36 (5 Stat. 119), provides that, on an application for a patent, if the commissioner shall be satisfied that the applicant is the original and first inventor, he shall be entitled to a patent; that if, upon the application, the commissioner shall refuse the *1146patent, the applicant may appeal to a board of examiners provided for in the act; that the board shall have power to reverse the decision of the commissioner; and that, if it is reversed, a certificate shall be made of the fact, and “he shall be governed thereby in the further…

2Cited by7 opinions

  1. Hyatt v. DollCourt of Appeals for the Federal Circuit · 2009
  2. Palmer Pneumatic Tire Co. v. LozierU.S. Circuit Court for the District of Northern Ohio · 1895
  3. In re BastianCourt of Appeals for the D.C. Circuit · 1916
  4. Keystone Trading Co. v. Zapota Mfg. Co.District Court, E.D. Pennsylvania · 1914
  5. Hyatt v. DollCourt of Appeals for the Federal Circuit · 2009

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