Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927)

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Overland Motor Company v. Packard Motor Company

No. 285

Argued April 21, 1927
Decided May 31, 1927
274 U.S. 417

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

Syllabus

1. An applicant for patent who cancels one of his claims without appealing, after a ruling finally rejecting it as unpatentable, announcing at the time his intention to file a divisional application covering the same subject matter, does not abandon it nor estop himself from so renewing it with the consent of the Patent Office. P. 420.

2. Granting of patent upon such new application imports a waiver by the Office of objection based on the previous rejection. P. 421.

3. A bill to enjoin infringement of a patent cannot be dismissed upon the ground of laches because the pendency of the application in the Patent Office was protracted by the applicant’s delays in responding to Patent Office action where such delays in no instance exceeded the period allowed by statute. Rev.Stats. § 4894. P. 422.

Response to questions certified by the circuit court of appeals upon an appeal from a decree enjoining alleged infringements of a patent.