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UNITED STATES v. ROBERTSON

No. 4551.

18 F.2d 829 (1927)

UNITED STATES ex rel. SEARL v. ROBERTSON, Commissioner of Patents.

Court of Appeals of District of Columbia.

Decided April 4, 1927.

Attorney(s) appearing for the Case

M. H. Beach, of Washington, D. C., and H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, for appellant.

T. A. Hostetler, of Washington, D. C., and A. D. Salinger, of Boston, Mass., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and GRAHAM, Presiding Judge of the United States Court of Customs Appeals.

ROBB, Associate Justice.

This is an appeal from a judgment in the Supreme Court of the District, denying appellant's petition for a writ of mandamus to compel the Commissioner of Patents to fix a time for the taking of so-called rebuttal testimony in two interference proceedings (Searl v. Thomas, No. 49,507, and Iredale v. Searl and Lucas, No. 51,762), the case having been heard on the pleadings.

In the above interferences Searl was the junior party. In accordance...

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