TABLE OF STATUTES CITED IN OPINIONS. 1778, July 9, 1 Stat. 4 (Articles of Confederation).... 232 1789, Aug. 7, c. 9, 1 Stat. 53, $4. 246 (A.) STATUTES OF THE UNITED STATES. PAGE 1789, Sept. 24, c. 20, 1 Stat. 73 (See Judiciary Act) 1806, Apr. 21, c. 39, 2 Stat. 391, 89.. 1831, Mar. 3, c. 116, 4 Stat. 492, § 5... 139 218 1851, Mar. 3, c. 43, 9 Stat. 635.... 1864, June 3, c. 106, 13 Stat. 99.. 73 $57. .428, 430 1866, July 27, c. 278, 14 Stat. 292.. 493 253 584 356 357 357 356 494 157 1884, June 26, c. 121, 23 Stat. 1887, Feb. 4, c. 104, 24 Stat. 1867, Feb. 5, c. 28, 14 Stat. 385, § 2. 1875, Mar. 3, c. 131, 18 Stat. 402, 15. §1. $4. 1875, Mar. 3, c. 152, 18 Stat. 482. 145 § 5. 1876, July 31, c. 246, 19 Stat. 121. 1884, May 29, c. 60, 23 Stat. 31.. 185 188 189 78 1894, July 30, c. 172, 28 Stat. 160, § 6. 1895, Feb. 26, c. 131, 28 Stat. 683. PAGE 1896, June 10, c. 398, 29 Stat. 339. 647 96 116 1897, June 4, c. 2, 30 Stat. 34 356 1897, June 7, c. 3, 30 Stat. 84 116 1898, June 28, c. 517, 30 Stat. 502.. 117 616 93 95 94 357 126 117 118 584 1898, Dec. 21, c. 28, 30 Stat. 755. 1899, Mar. 2, c. 377, 30 Stat. 993. $3 $4. 1899, Mar. 3, c. 427, 30 Stat. 1233. 309 1901, Mar. 1, c. 676, 31 Stat. 861, § 3. § 28. 1901, June 25, Proclamation, 32 Stat. pt. 2, 1971. . . . 1902, June 30, c. 1323, 32 Stat. 500, § 16. CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1916. EWING, COMMISSIONER OF PATENTS, v. UNITED STATES EX REL. FOWLER CAR COMPANY. CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. No. 721. Argued April 17, 1917.-Decided May 7, 1917. When an applicant for a patent admits that the invention shown in his. application was made at a date subsequent to the date upon which another application for the same invention was filed, and by amendment of his application adopts the prior applicant's claims, he thereby concedes the priority of the other's invention, its utility and the sufficiency of the claims. In such a case the Commissioner of Patents can not be required by mandamus to declare an interference. Under Rev. Stats., § 4904, the duty of the Commissioner to declare an interference arises only when, in the exercise of his judgment upon the facts presented, he is of opinion that a senior application will be interfered with by a junior one; the mere fact that the junior application covers the same ground or that the junior applicant asserts an interference is not enough to require the Commissioner to act. The judicial remedy for determining priority of invention is by suit in equity between the parties, not by mandamus against the Commissioner in an attempt to control the administrative discretion conferred upon him by Rev. Stats., § 4904. 45 App. D. C. 185, reversed. |
