Bourne v. Goodyear

Supreme Court of the United States
Bourne v. Goodyear, 76 U.S. 811 (1870)
19 L. Ed. 786; 9 Wall. 811; 1869 U.S. LEXIS 1035

Bourne v. Goodyear

Opinion

The CHIEF JUSTICE

delivered the opinion of the court.

The extension having expired before the bill was filed, there is no equity to support the application to set it aside. The extension has ceased to be of any effect, and there remains nothing which can be the subject of a suit. The demurrer to the bill, therefore, must be sustained, and the decree of the Circuit Court by which the bill was dismissed must be

Affirmed.

Reference

Cited By
3 cases
Status
Published
Syllabus
A proceeding to vacate the extension of a patent, of which the extension has expired before the proceeding was begun, has no equity to support it, and cannot be sustained on demurrer. ,