WATSON v. ALLEN

No. 14066.

254 F.2d 342 (1958)

Robert C. WATSON, Commissioner of Patents, Appellant, v. Thomas J. ALLEN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 3, 1958.


Attorney(s) appearing for the Case

Mr. S. W. Cochran, Atty., U. S. Patent Office, with whom Mr. Clarence W. Moore, Sol. U. S. Patent Office, was on the brief, for appellant.

Messrs. A. Yates Dowell and A. Yates Dowell, Jr., Washington, D. C., for appellee.

Before PRETTYMAN, BAZELON and BURGER, Circuit Judges.


BURGER, Circuit Judge.

From an adverse decision in the Patent Office, appellee invoked the jurisdiction of the District Court under 35 U.S.C. § 145, where the issue of patentability of his invention was tried de novo. The District Court rejected Patent Office claims that the invention had been in non-experimental public use, and authorized the Patent Office to issue a patent.

A person is not entitled to a patent where "the invention was * * * in public...

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