Sutton v. Wentworth

D.C. Circuit

Sutton v. Wentworth

41 App. D.C. 582, 1914 U.S. App. LEXIS 2225

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 2, 1914

DocketNo. 892

StatusPublished

This text of 41 App. D.C. 582 (Sutton v. Wentworth) 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

Sutton v. Wentworth, 41 App. D.C. 582, 1914 U.S. App. LEXIS 2225 (D.C. Cir. 1914).

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Opinion

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The several tribunals of the office have discussed the application of the doctrine of res judicata in opinions which indicate research and display strong reasoning’ power. The views of the Examiners in Chief, which sustain the contention of the appellants, have been presented with much ability. They leave nothing to be said xxpon that side. We are, however, not satisfied with their conclusion. The decision of the Commissioner is, in our opinion, sustained by our former decisions. See Blackford v. Wilder, 28 App. D. C. 535, 543; Horine v. Wende, 29 App. D. C. 415, 426; Carroll v. Hallwood, 31 App. D. C. 165; United States ex rel. Newcomb Motor Co. v. Moore, 30 App. D. C. 464. The principle of res judicata is fully disoxxssed in those cases in application to similar conditions, and its limitations pointed out.

There is no occasion to add anything to the discussion.

The decision is affirmed; and the clerk will certify this decision to the Commissioner of Patents as the law requires.

Affirmed.

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Mr. Chief Justice Shepard

delivered the opinion of the Court:

The several tribunals of the office have discussed the application of the doctrine of res judicata in opinions which indicate research and display strong reasoning’ power. The views of the Examiners in Chief, which sustain the contention of the appellants, have been presented with much ability. They leave nothing to be said xxpon that side. We are, however, not satisfied with their conclusion. The decision of the Commissioner is, in our opinion, sustained by our former decisions. See Blackford v. Wilder, 28 App. D. C. 535, 543; Horine v. Wende, 29 App. D. C. 415, 426; Carroll v. Hallwood, 31 App. D. C. 165; United States ex rel. Newcomb Motor Co. v. Moore, 30 App. D. C. 464. The principle of res judicata is fully disoxxssed in those cases in application to similar conditions, and its limitations pointed out.

There is no occasion to add anything to the discussion.

The decision is affirmed; and the clerk will certify this decision to the Commissioner of Patents as the law requires.

Affirmed.

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Bluebook (online)

41 App. D.C. 582, 1914 U.S. App. LEXIS 2225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-wentworth-cadc-1914.