U.S. Court of Appeals for the D.C. Circuit, 1914

Sutton v. Wentworth

Sutton v. Wentworth
U.S. Court of Appeals for the D.C. Circuit · Decided March 2, 1914 · Shepard
41 App. D.C. 582; 1914 U.S. App. LEXIS 2225

Sutton v. Wentworth

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The several tribunals of the office have discussed the application of the doctrine of res judicata in opinions which indicate research and display strong reasoning’ power. The views of the Examiners in Chief, which sustain the contention of the appellants, have been presented with much ability. They leave nothing to be said xxpon that side. We are, however, not satisfied with their conclusion. The decision of the Commissioner is, in our opinion, sustained by our former decisions. See Blackford v. Wilder, 28 App. D. C. 535, 543; Horine v. Wende, 29 App. D. C. 415, 426; Carroll v. Hallwood, 31 App. D. C. 165; United States ex rel. Newcomb Motor Co. v. Moore, 30 App. D. C. 464. The principle of res judicata is fully disoxxssed in those cases in application to similar conditions, and its limitations pointed out.

There is no occasion to add anything to the discussion.

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

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.