Lowry v. Allen - 203 U.S. 476 (1906)

U.S. Supreme Court

Lowry v. Allen, 203 U.S. 476 (1906)

Lowry v. Allen

No. 56

Argued October 24, 25, 1906

Decided December 10, 1906

203 U.S. 476

Syllabus

Rule 124 of the Patent Office which provide that no appeal can be taken from a decision of a primary examiner affirming the patentability of the claim or the applicant's right to make the same, is not void as contrary to the provisions of § 482, 483, 4904, 4910, 4911, Rev.Stats., or § 9 of the Act of February 9, 1893, 27 Stat. 436. Those statutes provide only for appeals upon the question of priority of invention, and appeals on other questions are left under the power given by § 483, Rev.Stat., to the regulation of the Patent Office.

26 App.D.C. 8 affirmed.

The facts are stated in the opinion.

Page 203 U. S. 478