Noah Haynes Swayne,
Commissioner of Patents v. Whiteley…
“ If the commissioner should hold that a party applying originally for a patent 'was not the original and first inventor,' and should decide against him upon that ground, the applicant could undoubtedly take an appeal from his decision. ”
Noah Haynes Swayne,
Commissioner of Patents v. Whiteley…
“ The word 'holder' here used, it must be observed, is a general term, and cannot be so restricted as to apply only to one who holds the entire interest in a patent; but is equally applicable to those who hold any exclusively territorial interest.Moreover, the thirteenth section of the act of 1836, which first established the reissue, as now granted, grants unto any assignee the same right to a reissue that it grants to the patentee. ”
Noah Haynes Swayne,
Commissioner of Patents v. Whiteley…
“ And the object in praying for the writ was, that the commissioner might be compelled to 'examine' this case. Before the examination can be made, the case must be duly filed, and then, if the commissioner refuses the patent, for any reason, we are entitled to an appeal; but as long as the commissioner keeps us completely out of the Patent Office, we are subject to his will, which deprives us of the right of appeal. ”
