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38 App. D.C. 481

Collis v. Quenzer

U.S. Court of Appeals for the D.C. Circuit

Decided April 1, 1912

U.S. Court of Appeals for the D.C. Circuit · decided 1912-04-01

<p>Hearing on an appeal from a decision of the Commissioner of Patents in an interference case.</p> <p>The facts are stated in the opinion.</p>

Cited by 1 later decisions — most recently May 1920

1 district ·

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1912-04-01

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Mr. Chief Justice Siiepaed

¶1delivered the opinion of the Court:

¶2This is an interference case involving priority of invention of an improved ankle supporter.

¶3The several tribunals of the Patent Office concurred in the award of priority to Quenzer.

¶4Collis was the first to conceive the invention. He claimed to have reduced it to practice in December, 1906, immediately *482after conception. The original patterns and tbe sample were locked np in a drawer of a private desk, and tbe manufacture and sale was not begun until February, 1909. Quenzer conceived tbe invention in October, 1907, and commenced manufacture and sale to tbe trade in November, 1907.

¶5Tbe Commissioner beld tbat tbe proof of Collis did not show reduction to practice as alleged; tbat bis secretion of tbe invention, and tbe patenting and manufacture of another kind of supporter, indicated tbat tbe making and test of tbe supporter of tbe issue amounted to nothing more than an abandoned experiment. He further beld tbat even if reduced to practice, Collis bad lost bis right to tbe invention by bis concealment of tbe same. An examination of tbe evidence fails to convince us tbat there was error in tbe conclusion on tbe first point. It is therefore unnecessary to consider tbe second one.

¶6Tbe decision will be affirmed. It is so ordered, and that this decision be certified to tbe Commissioner of Patents.

¶7Affirmed.

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