William Howard Taft

“ Patents obtainable by bill in equity. 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; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear. ”

“ It is pressed upon us, however, that this language in Atkins v. Moore and in Baldwin Co. v. Howard Co. was not necessary to the conclusion in those cases and is to be regarded as obiter dictum. It was used in arguendo and was the unanimous expression of the court in both cases. ”

“ The appellant then filed this bill under section 9 of the Trade-Mark Act of February 20, 1905 (33 Stat. 724, c. 592 [Comp. St. § 9494] ) , and section 4915, Revised Statutes (Comp. St. § 9460) . The intervener based its motion to dismiss on the lack of jurisdiction 'over the subject-matter or alleged cause of action,' and the motion was granted without opinion.
Section 9 of the Trade-Mark Act reads as follows:
'Sec. 9. ”