280 F. 974 | D.D.C. | 1922
Associate Justice. This appeal is from a decision of the Commissioner of Patents awarding priority of invention to ap-pellee, Main. Main filed his application November 12, 1910, üpon which a patent was issued January 2, 1912. Wahl filed his application Mav 23, 1911.
The invention relates to combined typewriting and computing machines, the object of which is to provide a computing mechanism, operable from the numeral keys, and so connected with the carriage of the typewriter, that computation may be effected as the typewriter prints in any column. It is unnecessary to consider the mechanism, since the appeal can be disposed of upon questions of law.
Wahl reduced the invention to practice as early as April 1, 1910, in whát has been designated as “the Jacobson Machine.” This is prior to any date which can be accorded Main. The same invention was considered by this court in the case of Wahl v. Wrieht (Nov. 7, 1921) - App. D. C. - , 276 Fed. 455. In that case, the court affirmed the findings of the tribunals of the Patent Office that the Jacobson machine constituted a reduction to practice. The same holding has
The decision of the Commissioner of Patents is affirmed.. The costs incurred on the petition for certiorari to be paid by the moving party.