279 F. 1013 | D.C. Cir. | 1922
From a decision of the Commissioner of I atents, awarding priority to Doman, Dowell brings the case here.
The invention relates to an air-cooling system, and is described in a s.ngle count, as follows:
The combination of an internal combustion engine, a cooling system therefor, means for varying the capacity of the cooling system, a motor for actuating the capacity varying means, having a chamber connected with the intake of the engine, a port connecting this chamber with the atmosphere, aid thermostatic means adapted to close the port, thereby controlling the d agree of vacuum in said chamber.
There are two questions in the case: First, was the testimony of Dowell’s wife sufficient to corroborate him with respect to the time of his disclosure; and, second, was he diligent when Doman came into the field? We find it necessary to answer only the second. Doman is the senior party. He took no testimony, but rested on his filing date, November 28, 1916.
We agree with the Commissioner, and affirm his decision.
Affirmed.