Welsbach Light Co. v. Apollo Incandescent Gaslight Co.

U.S. Circuit Court for the District of Southern New York

Welsbach Light Co. v. Apollo Incandescent Gaslight Co.

94 F. 1005, 1898 U.S. App. LEXIS 2653

U.S. Circuit Court for the District of Southern New York·Decided July 12, 1898·Published·Cited by 1 cases

Opinion

LACOMBE, Circuit Judge.

Upon this application the question is raised, whether or not, by reason of the circumstance that a pr-ior foreign patent for the same invention lapsed subsequent to the application, but before the issue of the United States, patent, such United States patent was improperly issued. Under decisions of the supreme court fhere is so much doubt as to the correct answer to this question that it should not be decided upon preliminary motion, but upon final hearing, so that the party who may be defeated upon appeal may be in a position to apply to that court for a certiorari, should it be so advised. Motion denied.

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LACOMBE, Circuit Judge.

Upon this application the question is raised, whether or not, by reason of the circumstance that a pr-ior foreign patent for the same invention lapsed subsequent to the application, but before the issue of the United States, patent, such United States patent was improperly issued. Under decisions of the supreme court fhere is so much doubt as to the correct answer to this question that it should not be decided upon preliminary motion, but upon final hearing, so that the party who may be defeated upon appeal may be in a position to apply to that court for a certiorari, should it be so advised. Motion denied.

Welsbach Light Co. v. Apollo Incandescent Gaslight Co., 94 F. 1005, 1898 U.S. App. LEXIS 2653 (circtsdny 1898).

Pincite

94 F. 1005 (Welsbach Light Co. v. Apollo Incandescent Gaslight Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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