No. 1961.

23 F.2d 776 (1927)

Application of WHITE.

Court of Appeals of District of Columbia.

Decided December 5, 1927.

Attorney(s) appearing for the Case

V. E. Hodges and J. P. Swecker, both of Washington, D. C., for appellant.

T. A. Hostetler, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Appeal from decisions of the Patent Office tribunals refusing reissue of a patent containing claims 3 to 7, inclusive.

During the prosecution of appellants original application, several claims were rejected on prior patents. Thereupon appellant deliberately withdrew the broader claims of his application to avoid the references, and a patent was granted with limited claims. Nearly 2½ years after this rejection on the references, appellant filed his application for reissue, alleging that his patent is "inoperative for the reason that the specification thereof is defective, and that such defect consists particularly in the failure to include certain claims that petitioner is entitled to." The appealed claims are even broader than the claims that were deliberately withdrawn.

It is settled law that the deliberate withdrawal of a claim in order to secure a patent is conclusive of the presumption that there has been no inadvertence, accident, or mistake, within the meaning of section 4916, R. S. (35 USCA § 64; Comp. St. § 9461). In re Denton, 12 App. D. C. 504; In re Lacroix, 30 App. D. C. 299; Ex parte Hoiland, 50 App. D. C. 268, 270 F. 704; Dobson v. Lees, 137 U.S. 258, 11 S.Ct. 71, 34 L. Ed. 652; Corbin Cabinet Lock Co. v. Eagle Lock Co., 150 U.S. 38, 14 S.Ct. 28, 37 L. Ed. 989.

The decision of the Patent Office was right, and is affirmed.



1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases