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269 F. 719

Docket No. 1354.

Steubing v. Hennessy

District of Columbia Circuit Court of Appeals

Submitted November 16, 1920.

Decided January 3, 1921.)

District of Columbia Circuit Court of Appeals · decided 1921-01-03

<p>Eatents ®=?113(7)—Concurrent decision of tribunals reversed, only if manifestly wrong.</p> <p>Where the three tribunals of the Patent Office concurred in a decision in an interference proceeding, the Commissioner’s decision will be affirmed by the District of Columbia Court of Appeals, unless the court can say the decisions are manifestly wrong.</p> <p>tSzs>For oilier cases see same topic & K13Y-NUMB33R in all Key-Numbered Digests & Indexes</p>

Cited by 1 later decisions — most recently May 1930

2 counsel of record

Relies on 31 App. D.C. 612 - Lindmark v. Hodgkinson · In re Barratt · Reid v. Kitselman

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-01-03

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¶1Eatents ®=?113(7)—Concurrent decision of tribunals reversed, only if manifestly wrong.

¶2Where the three tribunals of the Patent Office concurred in a decision in an interference proceeding, the Commissioner’s decision will be affirmed by the District of Columbia Court of Appeals, unless the court can say the decisions are manifestly wrong.

¶3tSzs>For oilier cases see same topic & K13Y-NUMB33R in all Key-Numbered Digests & Indexes

¶4Appeal from the Commissioner of Patents.

¶5Interference proceeding between William Steubing, Jr., and Daniel E. Plennessy. From the decision of the Commissioner of Patents, awarding priority to Hennessy, Steubing appeals.

¶6Affirmed.

¶7John W. Strehli, of Cincinnati, Ohio, for appellant.

¶8IF Dorsey Spencer, of New York City, for appellee.

¶9SMYTH, Chief Justice.

¶10Steubing appeals from a decision of the Commissioner of Patents finding that I-Iennessy is entitled to priority with respect to an invention relating to lifting trucks of a certain type. There are 16 claims involved. The decision of the three tribunals of the Patent Office are concurrent. We cannot say that they are manifestly wrong, and hence, following a well-established rule of decision in this court (In re Barratt, 11 App. D. C. 177; Creveling v. Jepson, 47 App. D. C. 597; Reid et al. v. Kitselman [D. C.] 266 Fed. 255; and Lindmark v. Hodgkinson, 31 App. D. C. 612), we affirm the Commissioner’s decision.

¶11Affirmed.

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