In re Mattullath
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of tbe Commissioner of Patents denying an application to revive an application for a patent. The Court in the opinion stated the facts as follows: On January 8, 1900, Hugo Mattullath filed an application for a patent for a flying machine. His home was then in the city of New York, where his family then, and has since, resided.
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Hearing on an appeal from a decision of tbe Commissioner of Patents denying an application to revive an application for a patent. The Court in the opinion stated the facts as follows: On January 8, 1900, Hugo Mattullath filed an application for a patent for a flying machine. His home was then in the city of New York, where his family then, and has since, resided. At the time of filing the application he was in the city of Detroit, Michigan, and gave a power of attorney to Barthel & Barthel, patent solicitors having an office in that city, to represent him. The power of attorney was filed with…
1Opinion of the CourtChief Justice Shepard
1. The right to appeal from a final decision of the Commissioner of Patents is determinable by its substance and effect, rather than its form. Moore v. Heany, 34 App. D. C. 31-39; Re Selden, 36 App. D. C. 428-431. The appeal in Set den’s Case was from a decision holding that the application had been abandoned for lack of prosecution within two years. The right to appeal was maintained. Discussing the point, Mr. Justice Robb, delivered the opinion of the court, said: “The question, is whether the striking down of an application on the ground of abandonment amounts to a rejection of the claims…
2Cases cited2 opinions
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- Futures Technology, Ltd. v. QuiggDistrict Court, E.D. Virginia · 1988
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