TaiLexi AI U.S. Case Law

Joseph P. Grady and John B. Grady v. Robert C. Watson, Commissioner of Patents

Joseph P. GRADY and John B. Grady, Appellants, v. Robert C. WATSON, Commissioner of Patents, Appellee

Grady v. Watson, 261 F.2d 752 (D.C. Cir. 1958)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
November 20, 1958
Docket
No. 14438
Judges
Fahy, Danaher, Bastian
Citations
261 F.2d 752104 U.S. App. D.C. 286

Opinion — Per Curiam

PER CURIAM.

More than sixty days after the decision of the Board of Appeals of the Patent Office rejecting the claims of their application for patent appellants filed a complaint in the District Court purporting to be pursuant to “Revised Statutes, Section 4915.” We construe this as intended to be under the successor statute, 35 U.S.C. § 145 (1952). The Commissioner moved to dismiss the complaint on the ground that the court lacked jurisdiction over the parties and the subject matter. The court dismissed the complaint pursuant to the motion and at the same time denied a motion of appellants for leave to amend their complaint. This appeal followed.

We find no abuse of discretion in the denial of the motion for leave to amend the complaint and we think the motion to dismiss was properly granted since appellants’ complaint was not timely filed. See 35 U.S.C. § 145 (1952) and Rule 304 of the Rules of Practice in Patent Cases, 35 U.S.C. Appendix, 22 Fed.Reg.

5770 (1957), amending 37 C.F.R. § 1.304 (1952).

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 21960: 21961: 11962: 11963: 11965: 11969: 119592026peak 1959 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list