IN FORCE. ACT OF 1859, CHAP. 80, § 4. SECTION 10. [Obsolete—only temporary.] And be it further enacted, That the Commissioner of Patents, is hereby authorized to pay those employed in the United States Patent Office from April first, eighteen hundred and fifty-four, until April first, eighteen hundred and fiftyfive, as examiners and assistant examiners of patents, at the rates fixed by law for these respective grades: Provided, That the same be paid out of the Patent Office fund, and that the compensation thus paid shall not exceed that received by those duly enrolled as examiners and assistant examiners of patents for the same period. Approved August 18th, 1856. ACT OF 1859, CHAPTER 80. 11 STATUTES At Large, 422. [This Act still in Force.] Extract from "An Act making appropriations for the legislative, executive, and judicial expenses of the Government," &c. SECTION 4. And be it further enacted, That the Secretary of the Interior be, and he is hereby, directed to cause the annual report of the Commissioner of Patents on mechanics hereafter to be made to the Senate and House of Representatives to be prepared and submitted in such manner as that the plates and drawings necessary to illustrate each subject shall be inserted so as to com. prise the entire report in one volume not to exceed eight hundred pages. Approved March 3d, 1859. ACT OF 1860, CHAP. 211, § 5. OBSOLETE. ACT OF 1860, CHAPTER 211. 12 STATUTES AT LARGE, 110. [Obsolete Temporary Enactment.] Extract from "An Act making appropriations for sundry civil expenses of the Government," &c. SECTION 5. And be it further enacted, That the Commissioner of Patents is hereby authorized to pay those employed in the Patent Office from April first, eighteen hundred and fifty-five, until April first, eighteen hundred and sixty, as examiners and assistant examiners of patents, at the rates fixed by law for these respective grades: Provided, that the same be paid out of the Patent Office fund, and that the compensation thus paid shall not exceed that received by those duly enrolled as examiners and assistant examiners of patents for the same period. Approved June 25th, 1860. ACT OF 1861, CHAPTER 37. 12 STATUTES AT LARGE, 130. [This Act still in Force.] An Act to extend the right of appeal from the decisions of Circuit Courts to the Supreme Court of the United States. SECTION 1. [Enlarging act of 1836, § 17.] Be it enacted by the Senate and House of Representatives of the United IN FORCE. ACT OF 1861, CHAP. 88, § 1. Siates of America in Congress assembled, That from all judgments and decrees of any Circuit Court rendered in any action, suit, controversy, or case, at law or in equity, arising under any law of the United States granting or confirming to authors the exclusive right to their respective writings, or to inventors the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the Supreme Court of the United States, in the same manner, and under the same circumstances as is now provided by law in other judgments and decrees of Tuch Circuit Courts, without regard to the sum or value in controversy in the action. Approved February 18th, 1861. The provision as to writs of error or appeals from judgments and decrees rendered in actions arising under the patent laws, previous to the passage of this act, is contained in the act of 1836, section 17. ACT OF 1861, CHAPTER 88. 12 STATUTES AT LARGE, 246. [This Act still in Force.] An Act in addition to "An act to promote the progress of the useful arts." SECTION 1. [Enlarging act of 1839, § 12.] Be it enucted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent Office (a), and such affidavits and depositions may be taken before any justice of the peace, or ACT OF 1861, CHAP. 88, § 1. IN FORCE. other officer authorized by law to take depositions to be used in the courts of the United States, or in the State courts of any State where such officer shall reside; and in any contested case (b) pending in the Patent Office it shall be lawful for the clerk of any court of the United States for any District or Territory, and he is hereby required, upon the application of any party to such contested case, or the agent or attorney of such party, to issue subpœnas for any witnesses residing or being within the said district or territory, commanding such witnesses. to appear and testify before any justice of the peace, or other officer as aforesaid, residing within the said district or territory, at any time and place in the subpoena to be stated; and if any witness, after being duly served with such subpoena, shall refuse or neglect to appear, or, after appearing, shall refuse to testify (not being privileged from giving testimony), such refusal or neglect being proved to the satisfaction of any judge of the court whose clerk shall have issued such subpoena, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience in like manner as any court of the United States may do in case of disobedience to process of subpoena ad testificandum issued by such court; and witnesses in such cases shall be allowed the same compensation as is allowed to witnesses attending the courts of the United States (c): Provided, That no witness shall be required to attend at any place more than forty miles from the place where the subpoena shall be served upon him to give a deposition under this law: Provided, also, That no witness shall be deemed guilty of contempt for refusing to disclose any secret invention. made or owned by him: And provided, further, That IN FORCE. ACT OF 1861, CHAP. 88, §§ 1, 2. no witness shall be deemed guilty of contempt for disobeying any subpoena directed to him by virtue of this act, unless his fees for going to, returning from, and one day's attendance at the place of examination, shall be paid or tendered to him at the time of the service of the subpœna. (a) By the act of 1839, section 12, the Commissioner was empowered to make regulations as to taking evidence in contested cases. This act extends to all cases pending in the Patent Office. (b) Whether, under this act, the power to compel the attendance of witnesses is not confined to "contested cases"-as cases of interference -query. (c) Witnesses are allowed one dollar and fifty cents per day, and five cents per mile travelling from their places of residence to the place of trial or hearing, and five cents per mile for returning. Act of 1853, cnap. 167, § 3. SECTION 2. And be it further enacted, That for the purposes of securing greater uniformity of action in the grant and refusal of letters patent, there shall be appointed by the President, by and with the advice and consent of the Senate, three examiners-in-chief, at an annual salary of three thousand dollars each, to be composed of persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the applicant for that purpose being filed, to revise and determine upon the validity of decisions made by examiners when adverse to the grant of letters patent; and also to revise and determine in like manner upon the validity of the decisions of examiners in interference cases, and when required by the Commissioner in applications for the extension of patents, and to perform such other duties as may be assigned to them by the Commissioner; that from their decisions appeals may be taken to the Commissioner of Patents in person, upon payment of the fee hereinafter prescribed; that the said examiners-in-chief shall be governed in their |