Hoover Company v. Coe, 325 U.S. 79 (1945)

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Hoover Company v. Coe


No. 486


Argued March 5, 1945
Decided April 30, 1945
325 U.S. 79

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA

Syllabus

1. A federal district court has jurisdiction of a Suit under R.S. § 4915 to review a decision of the Board of Appeals of the Patent Office rejecting a claim as not reading on the disclosure in the application for a patent. Pp. 80, 83.

Jurisdiction is not defeated by the fact that an adjudication favorable to the applicant might not conclude all possible questions as to the applicant’s right to a patent.

2. The right of the applicant in such case to sue under R.S. § 4915 is supported by the language of the statute, its legislative history, administrative practice, and judicial construction. Pp. 80, 84.

3. Hill v. Wooster, 132 U.S. 693, distinguished. P. 89.

144 F.2d 514, reversed.

Certiorari, 323 U.S. 697, to review the affirmance of a judgment dismissing a suit against the Commissioner of Patents under R.S. § 4915.