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Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927)
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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.
Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927)
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Overland Motor Company v. Packard Motor Company No. 285 Argued April 21, 1927 Decided May 31, 1927 274 U.S. 417
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
Syllabus
1. An applicant for patent who cancels one of his claims without appealing, after a ruling finally rejecting it as unpatentable, announcing at the time his intention to file a divisional application covering the same subject matter, does not abandon it nor estop himself from so renewing it with the consent of the Patent Office. P. 420.
2. Granting of patent upon such new application imports a waiver by the Office of objection based on the previous rejection. P. 421.
3. A bill to enjoin infringement of a patent cannot be dismissed upon the ground of laches because the pendency of the application in the Patent Office was protracted by the applicant’s delays in responding to Patent Office action where such delays in no instance exceeded the period allowed by statute. Rev.Stats. § 4894. P. 422.
Response to questions certified by the circuit court of appeals upon an appeal from a decree enjoining alleged infringements of a patent.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927) in 274 U.S. 417 274 U.S. 418. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=J1IXKPYV9AJT2J5.
MLA:
U.S. Supreme Court. "Syllabus." Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927), in 274 U.S. 417, page 274 U.S. 418. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=J1IXKPYV9AJT2J5.
Harvard:
U.S. Supreme Court, 'Syllabus' in Overland Motor Co. v. Packard Motor Co., 274 U.S. 417 (1927). cited in 1927, 274 U.S. 417, pp.274 U.S. 418. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=J1IXKPYV9AJT2J5.
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