Sanford v. Kepner, 344 U.S. 13 (1952)

Sanford v. Kepner


No. 46


Argued October 24, 1952
Decided November 10, 1952
344 U.S. 13

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

In a proceeding under R.S. § 4915, 35 U.S.C. § 63, brought by an applicant for a patent to review an adverse decision of a board of interference examiners, when a district court has found against petitioner on the issue of priority of invention, it need not go further and consider the validity of a rival applicant’s claim to a patent on the same device. Pp. 13-16.

195 F.2d 387, affirmed.

In a proceeding under R.S. § 4915, 35 U.S.C. § 63, the District Court found against petitioner on an issue of priority of invention, and dismissed the bill without considering the validity of a rival applicant’s claim to a patent on the same device. 99 F.Supp. 221. The Court of Appeals affirmed. 195 F.2d 387. This Court granted certiorari. 343 U.S. 976. Affirmed, p. 16.