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