William Howard Taft

“ Assuming for the purposes of this discussion, that the District Court of Appeals was wrong in not holding that section 9 of the act of 1905 did apply to the Commissioner of Patents' decision under the Act of 1920, even so, an appeal cannot be taken to this court to remedy the error. The decision of the Court of Appeals under section 9 of the act of 1905 is not a judicial judgment. It is a mere administrative decision. It is merely an instruction to the Commissioner of Patents by a court which is made part of the machinery of the Patent Office for administrative purposes. ”

“ The California Fig Nut Company, the registrant, filed an answer denying that the petitioner was injured and taking issue within the averments of its petition. The examiner of interferences held against the petitioner and recommended that the registration be not canceled. ”