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8 F.2d 1014

Docket Patent Appeal No. 1749.

Andrews v. Downs

District of Columbia Circuit Court of Appeals

Submitted November 9, 1925.

Decided December 7, 1925.)

District of Columbia Circuit Court of Appeals · decided 1925-12-07

Cited by 4 later decisions — most recently August 1966

2 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1925-12-07

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¶1B. Gr. Foster, of Washington, D. C., for appellant.

¶2F. E. Barrows and W. B. Morton, both of New York City, for appellee.

¶3Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

¶4. ROBB, Associate Justice.

¶5Appeal from concurrent decisions of the tribunals of the Patent Office in an interference proceeding in which priority of invention was awarded the senior party Downs.

¶6We have examined the decisions of the Examiner of Interferences and the Board, which contain an exhaustive review of the facts, and agree with the Assistant Commissioner, from whose decision this appeal was taken, that the award to Downs was correct.

¶7On the question whether Andrews was diligent, we attach much significance, as did the Patent Office, to the fact that the period of his delay came to an end only when he learned that Downs had given the invention to the public through the medium of various publications. The decision is affirmed.

¶8Affirmed.

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