Brenizer v. Robinson

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

Decided March 2, 1914

U.S. Court of Appeals for the D.C. Circuit · decided 1914-03-02

Hearing on an appeal from a decision of the Commissioner of Patents in an, interference proceeding: Tbe Court in the opinion stated the facts as follows: This is an interference proceeding relating to priority of invention of an improvement in vegetable-paring machines. Henry Kobinson has a patent for the invention issued December 14, 1909, on an application filed November 12, 1908. Orson W. Breniaer filed April 9, 1910.

Affirmed · Decided 1914-03-02

Mr. Chief Justice Shepard

¶1delivered the opinion of the Court:

¶2The patent to Robinson having been issued before the filing of Breniz,er’s application, the tribunals of the Patent Office correctly held that Brenizer had the burden of proving his case beyond a reasonable doubt.

¶3They concurred in holding, upon the evidence, that Brenizer had failed to prove his alleged reduction to practice at any time prior to Robinson’s constructive reduction to practice.

¶4It is unnecessary to spend time in another review of the evidence. It is sufficient to say that a careful consideration of it has failed to convince us of error.

¶5The decision is therefore affirmed. The clerk will certify this decision to the Commissioner of Patents as the law requires.

¶6Affirmed.