Andrews v. Downs

D.C. Circuit

Andrews v. Downs

8 F.2d 1014, 56 App. D.C. 398, 1925 U.S. App. LEXIS 3435

CourtCourt of Appeals for the D.C. Circuit

DecidedDecember 7, 1925

DocketPatent Appeal No. 1749

StatusPublished

Cited by2 cases

This text of 8 F.2d 1014 (Andrews v. Downs) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews v. Downs, 8 F.2d 1014, 56 App. D.C. 398, 1925 U.S. App. LEXIS 3435 (D.C. Cir. 1925).

Pincite

Opinion

. ROBB, Associate Justice.

Appeal 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.

We 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.

On 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.

Affirmed.

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