Andrews v. Downs

U.S. Court of Appeals for the D.C. Circuit
Andrews v. Downs, 8 F.2d 1014 (D.C. Cir. 1925)
56 App. D.C. 398; 1925 U.S. App. LEXIS 3435
Customs, Martin, Robb, Smith

Andrews v. Downs

Opinion of the Court

. ROBB, Associate Justice.

Appeal from concurrent decisions of the tribunals of the Patent Office in an interference proceeding in which priority of invention was awarded the senior party Downs.

We have examined the decisions of the Examiner of Interferences and the Board, which contain an exhaustive review of the facts, and agree with the Assistant Commissioner, from whose decision this appeal was taken, that the award to Downs was correct.

On the question whether Andrews was diligent, we attach much significance, as did the Patent Office, to the fact that the period of his delay came to an end only when he learned that Downs had given the invention to the public through the medium of various publications. The decision is affirmed.

Affirmed.

Reference

Full Case Name
Chester E. ANDREWS v. Charles R. DOWNS
Cited By
2 cases
Status
Published