In re Power

U.S. Court of Appeals for the D.C. Circuit
In re Power, 281 F. 431 (D.C. Cir. 1922)
52 App. D.C. 71; 1922 U.S. App. LEXIS 2097
Orsdee

In re Power

Opinion of the Court

VAN ORSDEE, Associate Justice.

This appeal is from the decision of the Commissioner of Patents, denying a patent for an invention on the ground that a machine embodying the claim of the issue was sold by applicant more than two years prior to the date of filing his application for patent.

It conclusively appears that such a sale was made. This bars applicant’s right to a patent, since the sale amounts to a dedication of the invention to public use. R. S. § 4886 (Comp. St. § 9430). Commenting on this provision of the statute, the court, in Smith & Griggs Manufacturing Co. v. Sprague, 123 U. S. 249, 237, 8 Sup. Ct. 122, 126 (31 L. Ed. 141), said:

“A single sale to another of such a machine as that shown to have been in use by the complainant more than two years prior to the date of his application would certainly have defeated his right to a patent.”

See, also, National Cash Register Co. v. American Cash Register Co. 178 Fed. 79, 101 C. C. A. 569; Mayer v. A. & H. G. Mutschler et al., 248 Fed. 911, 161 C. C. A. 29; Wendell et al. v. American Laundry Machinery Co. et al., 248 Fed. 698, 160 C. C. A. 598.

The decision of the Commissioner is affirmed.

Reference

Full Case Name
Application of POWER
Status
Published