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ECKEY v. WATSON

No. 14964.

268 F.2d 891 (1959)

Eddy W. ECKEY, Appellant, v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Mr. Edward F. McKie, Jr., Washington, D. C., with whom Messrs. Edward S. Irons and Harold J. Birch, Washington, D. C., were on the brief, for appellant.

Mr. Arthur H. Behrens, Attorney, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and WASHINGTON, Circuit Judges.

PER CURIAM.

The question here is whether the Commissioner of Patents has the authority to extend the sixty-day period, fixed by Rule 304 of the Rules of Practice of the Patent Office, 37 C.F.R. § 1.304 (Supp. 1959), 35 U.S.C.Appendix,1 for the filing of suits in the District Court under Section 145 of Title 35, U.S.Code. Rule 304 was adopted pursuant to Section 145, which authorizes the Commissioner to "appoint" the time within which...

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