Radcliffe v. Fottinger

U.S. Court of Appeals for the D.C. Circuit
Radcliffe v. Fottinger, 41 App. D.C. 233 (D.C. Cir. 1913)
1913 U.S. App. LEXIS 2003

Radcliffe v. Fottinger

Opinion of the Court

Mr. Justice Robb

delivered the opinion of the Court:

Two questions are here presented: First, whether the disclosure in Eottinger’s earlier application “is such a full disclosure as is required by the Revised Statutes of the United States relating to patents,” and, second, whether the counts of the issue are patentable to either party in view of certain references. As to the first contention, after an examination of the earlier application, the claims of the issue, and the decisions of the various tribunals of the Patent Office, we have no hesitancy' in ruling that the original application fairly disclosed the idea more specifically' set forth in this divisional application, and hence that the requirements of the statute were fully met. The question being so free from doubt, and having been so fully treated in the Patent Office, we do not deem a further discussion of it here either necessary or profitable.

*236In the circumstances of th¿s case, the second, question is not open to discussion here. Putnam v. Wetmore, 39 App. D. C. 138; Melt v. Midgley, 31 App. D. C. 534; Johnson v. Mueser, 29 App. D. C. 61. The decision is affirmed. A {firmed.

Reference

Full Case Name
RADCLIFFE v. FOTTINGER
Status
Published
Syllabus
Patents; Interference; Prior Disclosure; Patentability. 1. In an interference involving an application by IT. F. filed January 20, 1010, and one by C. R. filed June 28, 1907, relating to a fluid power of transmission device, the former applicant, in tlm absence of introduction of evidence by the latter, was held entitled to an award of priority by virtue of the disclosure in an earlier application, filed by him June 19, 1906. 2. In an interference proceeding involving a device for fluid power transmission, it was held that the patentability of the counts of the issue would not be determined. (Following Putnam v. Wetmore, 39 App. D. C. 138; Mell v. Midgley, 31 App. D. C. 534; and Johnson v. Mucser, 29 App. D. C. 61.) ■