Schlafly v. Smith

Decided May 22, 1914

District of Columbia Court of Appeals · decided 1914-05-22

Hearing on an appeal by the Commissioner of Patents in an interference proceeding. The Court in the opinion stated the facts as follows: This is an appeal from the decision of the Commissioner of Patents awarding priority to Andrew Smith of an invention of a draining culvert, in an interference proceeding’ between him and Julius H. Schlafly, appellant. The issue is in three counts, as follows: “1.

Affirmed · Decided 1914-05-22

Mr. Chief Justice Siiepard

¶1delivered the opinion of the Court:

¶2Upon an examination of the record we agree with the conclusions of the Examiners in Chief and the Commissioner, that the proof is not sufficient to show the construction of the draining culvert of the issue by Schlafly prior to the original filing date of Smith; and that the latter is entitled to the award of priority. It is unnecessary to add anything to the decisions of the Office tribunals. The decision is affirmed, and the Clerk will certify this decision to the Commissioner of Patents.

¶3Affirmed.