Brenizer v. Robinson

U.S. Court of Appeals for the D.C. Circuit
Brenizer v. Robinson, 41 App. D.C. 560 (D.C. Cir. 1914)
1914 U.S. App. LEXIS 2220

Brenizer v. Robinson

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The patent to Robinson having been issued before the filing of Breniz,er’s application, the tribunals of the Patent Office correctly held that Brenizer had the burden of proving his case beyond a reasonable doubt.

They concurred in holding, upon the evidence, that Brenizer had failed to prove his alleged reduction to practice at any time prior to Robinson’s constructive reduction to practice.

It is unnecessary to spend time in another review of the evidence. It is sufficient to say that a careful consideration of it has failed to convince us of error.

The decision is therefore affirmed. The clerk will certify this decision to the Commissioner of Patents as the law requires.

Affirmed.

Reference

Full Case Name
BRENIZER v. ROBINSON
Status
Published
Syllabus
Patents; Interference; Burden of Proof; Reduction to Practice; Priority. A party in interference who filed his application after a patent was issued to the other party, has the burden of proving his case beyond a reasonable doubt, and will be denied priority where he fails to show reduction to practice antedating the other’s constructive reduction to practice.