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208 F.2d 529

Docket No. 11675.

Cook v. Watson

District of Columbia Circuit Court of Appeals

Argued May 13, 1953.

Decided Nov. 19, 1953.

District of Columbia Circuit Court of Appeals · decided 1953-11-19

Cited by 5 later decisions — most recently July 2018

5 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“should not be exceeded in the present context.”

quoted by 1 later decision, including Watson v. Allen

Applies 35 U.S.C. § 145

Relies on Robertson v. Cooper · Lawrence v. United States · Marzall v. Cook

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1953-11-19

View the full empirical analysis of this case →

¶1*530Mr. A. Yates Dowell, Washington, D. C., with whom A. Yates Dowell, Jr., Washington, D. C., was on the brief, for appellant.

¶2Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., for appellee.

¶3Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

¶4PER CURIAM.

¶5The question here is whether the plaintiff in a trademark application suit under Rev.Stat. § 49151 must pay the printing expenses incurred by the Patent Office in an unsuccessful appeal taken by the latter to this court.2 We think the clear language of the statute requires us to answer in the affirmative. The result may be harsh, but that is a matter for Congress. At the time this suit was brought, Rev.Stat. § 4915 provided that “In all cases where there is no opposing party a copy of the bill shall be served on the commissioner; and all the expenses of the proceedings shall be paid by the applicant, whether the final decision is in his favor or not.”3 Here there was in substance no opposing party.4 The “proceedings” in a suit must *531be held to include an appeal, by whichever party taken. And “expenses” are not limited to costs.5 Reasonable printing expense must be deemed includable. A reasonable rate for printing is fixed, for purposes of allowing costs in this court, at $3.25 per page. See Rule 17 (h) of our General Rules. Though that Rule has no direct application here, the scale it sets should not be exceeded in the present context. As the record does not show whether or not the sum allowed by the District Court exceeded that scale, we will remand so that it may be applied.6

¶6So ordered.

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