In re Kohler
In re Kohler
Opinion of the Court
delivered the opinion of the Court:
Walter J. Kohler asserts that he invented a sanitary bathtub with certain features disclosed in his claims, of which there are eight. We give the first, which is characteristic of the others: “An enameled iron bathtub provided with an integral enameled flat rim approximately rectangular in shape, with one or more of the edges of the rim continuing downwardly to a plane near the bottom of the tub to form an inclosure integral with the. tub and adapting the integral rim of the tub to be tiled into the. floor and walls of a room.” All the tribunals of the Patent Office denied the patentability of the claims over the six references appearing on the record of the Patent Office. This placed a heavy biirden on Kohler; for wo have repeatedly held “that Avhere patentable novelty has been denied by all the expert tribunals of the Patent Office, it is incumbent upon one appeal
Affirmed.
Reference
- Full Case Name
- IN RE KOHLER
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Patents ; Patentability. 1. Where patentable novelty has been denied by all of the tribunal's of the Patent Office, it is incumbent upon one appealing therefrom to make out a clear case of error to obtain a reversal. (Following lie Smith, 14 App. D. C. 181; lie Beside!:, 16 App. D. C. 345; and Seeberger v. Dodge, 24 App. D. C. 476.) This does not ignore the rulo that where there is doubt, it should be resolved in favor of the applicant. (He Thomson, 26 App. D. C. 419.) 2. Claims of an applicant for an enameled iron bathtub provided with an integral enameled flat rim approximately rectangular in shape, with one or more of the edges of the rim continuing downwardly to a plane near the bottom of the tub to form an inclosure integral with the tub and adapting the integral rim of the tub to be tiled into the floor and walls of a room, held not to be patcutably novel, in view of references cited.