United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sanford v. Kepner, 344 U.S. 13 (1952)

Sanford v. Kepner

No. 46

Argued October 24, 1952

Decided November 10, 1952

344 U.S. 13

Syllabus

In a proceeding under R.S. § 4915, 35 U.S.C. § 63, brought by an applicant for a patent to review an adverse decision of a board of interference examiners, when a district court has found against petitioner on the issue of priority of invention, it need not go further and consider the validity of a rival applicant's claim to a patent on the same device. Pp. 344 U. S. 13-16.

195 F.2d 387, affirmed.

In a proceeding under R.S. § 4915, 35 U.S.C. § 63, the District Court found against petitioner on an issue of priority of invention, and dismissed the bill without considering the validity of a rival applicant's claim to a patent on the same device. 99 F.Supp. 221. The Court of Appeals affirmed. 195 F.2d 387. This Court granted certiorari. 343 U.S. 976. Affirmed, p. 344 U. S. 16.