In re Pope
In re Pope
Opinion of the Court
delivered the opinion of the Court:
This appeal by Harry M. Pope is from a decision of the Commissioner of Patents disallowing six claims, of which the following are sufficiently representative:
“1. An internal combustion engine, a generator of continuously maintained periodic alternating current, a fixed igniting device for the charge in said engine in circuit with said generator, and means for isochronizing the instant of attainment of a selected electro-motive force and a predetermined piston position of the engine.”
“3. An internal combusion engine, a generator of continuously maintained periodic alternating current, a fixed igniting device for the charge in said engine in circuit with said generator, means for isochronizing the instant of attainment of maximum electro-motive force and a predetermined piston position of the engine, and means for augmenting said electromotive force.”
“5. An internal combusion engine, a generator of continuously maintained period alternating current, a fixed igniting device for the charge in said engine in circuit with said generator, means for operating said generator at a speed bearing a constant ratio to the speed of said engine, and means for changing the relation of the wave peak of said current with respect to a predetermined piston position.”
The tribunals' of the Patent Office have very carefully and
Though it is true that a patent may not be withheld because of delay authorized by the statute, we agree with the Commissioner that an applicant who has prolonged his application for a period of years, knowing that the device covered thereby has gone into public use, is not in a position to demand more than is strictly due him. In such a situation, the Commissioner would be fully justified in reversing the ordinary rule by resolving doubts against the applicant. The statute allowing the applicant a certain time within which to respond to the action of the Patent Office was not designed to permit him unduly to prolong his application. It is inconceivable that so great a delay as attended the present application could have resulted other than from design.
The decision is affirmed.
Affirmed.
Reference
- Full Case Name
- IN RE POPE
- Status
- Published
- Syllabus
- Patents; Patentability; Seasonable Doubt. While a patent may not be withheld because of delay authorized by statute, an applicant who has prolonged the prosecution of his application for a period of years so great as to indicate a design to delay final action upon it, knowing that the device covered by the application has gone into public use, is not entitled to demand more than is strictly due him, and under such circumstances the Commissioner of Patents is justified in reversing the ordinary rule by resolving any reasonable doubt against the applicant as to the patentability of his invention.