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Chapman v. Wintroath, 252 U.S. 126 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Chapman v. Wintroath, 252 U.S. 126 (1920)
Chapman v. Wintroath No. 117 Argued January 9, 1920 Decided March 1, 1920 252 U.S. 126
CERTIORARI TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
An inventor whose application disclosed, but did not claim, an invention which is later patented to another is allowed by the patent law two years after such patent issues within which to file a second or divisional application claiming the invention, and this period may not be restricted by the courts upon the ground that so much delay may be prejudicial to public or private interests. P. 134. Rev.Stats. § 4886.
Such a second application is not to be regarded as an amendment to the original application and, so subject to the one-year limitation of Rev.Stats. § 4894. P. 138.
Nor can the right to make it be deemed lost by laches or abandonment merely because of a delay not exceeding the two years allowed by the statute. P. 139.
47 App.D.C. 428 reversed.
The case is stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Chapman v. Wintroath, 252 U.S. 126 (1920) in 252 U.S. 126 252 U.S. 132. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=8DBV7H3LG479RTN.
MLA:
U.S. Supreme Court. "Syllabus." Chapman v. Wintroath, 252 U.S. 126 (1920), in 252 U.S. 126, page 252 U.S. 132. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=8DBV7H3LG479RTN.
Harvard:
U.S. Supreme Court, 'Syllabus' in Chapman v. Wintroath, 252 U.S. 126 (1920). cited in 1920, 252 U.S. 126, pp.252 U.S. 132. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=8DBV7H3LG479RTN.
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