Owen J. Roberts, Hoover Company v. Coe — Opinion of the Court
“ Thus it is clear that throughout more than a century Congress has for correction of erroneous adverse rulings, which if unreversed would end the proceedings in the Patent Office, preserved the remedy by bill in a district court either as additional to or alternative to that by summary appeal and has made the effect of adjudication in equity the same as that of decision on appeal. ”
Owen J. Roberts, Hoover Company v. Coe — Opinion of the Court
“ It can hardly be that these phrases have no effect and are to be read as 'Whenever, after all administrative steps are complete and a patent is about to issue, any person aggrieved may have remedy by bill in equity.' If that be the correct construction, one finally denied a patent could not resort to the specified remedy, since, even if his contention were sustained, he might thereafter have to leap the hurdles in the Patent Office of interferences, later references, and other obstacles to patentability. ”
Owen J. Roberts, Hoover Company v. Coe — Opinion of the Court
“ It is evident that alternative rights of review are accorded an applicant,-one by appeal to the United States Court of Customs and Patent Appeals, the other by bill in equity filed in one of the federal district courts. ”
