279 F. 925 | D.C. Cir. | 1922
This appeal is from the decision of the Commissioner of Patents, refusing to allow a claim in a divisional application for a patent relating to a typewriter carriage control. It is unnecessary to consider the mechanism of the invention, since the case turns upon a single question of law.
Nathan filed his original application September 2, 1905. On February 23, 1906, one Anderson filed an application for an invention embodying the subject-matter of the claim here involved, on which a patent was granted December 15, 1908. On November 26, 1905, Nathan was required to cancel a claim in his original application, which, witli
The Examiner rejected the claim in the divisional application, for ,ihe reason that it specified a mechanically returned carriage, which he held was not shown in the drawings accompanying the original application. Nathan then amended by deleting the reference to a mechanically returned carriage. -The claim was then rejected by the primary examiner as unpatentable over the Anderson patent. The position of the Examiner was in turn sustained by the Board of Examiners in Chief and the Commissioner.
No excuse is offered for the failure to file the divisional application within two years after the Anderson patent was issued. This brings :he case clearly within the rule announced in Chapman v. Wintroath, 252 U. S. 126, 40 Sup. Ct. 234, 64 L. Ed. 491.
The decision of the Commissioner of Patents is affirmed.