Melville Fuller

“ Whenever a patent on application is refused, either by the commissioner of patents or by the supreme court of the District of Columbia upon appeal from the commissioner, the applicant may have remedy by bill in equity ”

“ The general rule undoubtedly is that courts of justice possess the inherent power to make and frame reasonable rules not conflicting with express statute; but, apart from that, we think it clear that the court of appeals was duly authorized by section 6 of the act creating the court, as well as by section 6 as amended by the act of July 30, 1894, to make rules limiting the time of taking appeals to the court from the decisions of the commissioner of patents. ”

“ In all cases, where there is no opposing party, a copy of the bill shall be served on the commissioner; and all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not.'
Sections 6 and 9 of the act to establish the court of appeals for the District of Columbia, approved February 9, 1893 (26 Stat. 434, c. 74) , provided:
Sec. 6. ”