garding terms and tenure of office, accountability, and expense as said incorporators and successors shall prescribe.

Approved, June 23, 1910.

UNITED STATES OF AMERICA-WAR LEGISLATION.

PATENTS-RULES-WITHDRAWAL FROM ISSUE.

207 O. G., 612.

[Order No. 2158.]

DEPARTMENT OF THE INTERIOR,

UNITED STATES PATENT OFFICE,

Washington, D. C., October 9, 1914.

Acting under the provisions of section 483 of the Revised Statutes and with the approval of the Secretary of the Interior, rule 165 of the Rules of Practice of the United States Patent Office is amended by adding the following:

In view of the conditions arising from the European war, the provision that an application will not be withdrawn from issue after the case has received its date and number " for the purpose of enabling the inventor to procure a foreign patent" will not be insisted upon and upon a proper showing such an application may be withdrawn from issue until the foreign applications can be filed.

This amendment of the rule will be in force for one year from the date of its approval by the Secretary of the Interior.

So that the rule as amended will read as follows:

165. After notice of the allowance of an application is given, the case will not be withdrawn from issue except by approval of the commissioner, and if withdrawn for further action on the part of the office a new notice of allowance will be given. When the final fee has been paid upon an application for letters patent, and the case has received its date and number, it will not be withdrawn or suspended from issue on account of any mistake or change of purpose of the applicant or his attorney, nor for the purpose of enabling the' inventor to procure a foreign patent, nor for any other reasons except mistake on the part of the office, or because of fraud, or illegality in the application, or for interference. (See Rule 78.)

In view of the conditions arising from the European war, the provision that an application will not be withdrawn from issue after the case has received its date and number "for the purpose of enabling the inventor to procure a foreign patent " will not be insisted upon and upon a proper showing such an application may be withdrawn from issue until the foreign applications can be filed.

This amendment of the rule will be in force for one year from the date of its approval by the Secretary of the Interior.

This amendment will be in force for one year from October 8, 1914.

(Signed)

THOMAS EWING,

Commissioner.

PATENTS-TRADE-MARKS-PRINTS-LABELS

APPLICATIONS-FEES

RECIPROCAL EXTENSION OF TERMS-ACT OF JULY 17, 1916.

An act to extend temporarily the time for filing applications and fees and taking action in the United States Patent Office in favor of nations granting reciprocal rights to United States citizens.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any applicant for letters patent or for the registration of any trade-mark, print, or label, being within the provisions of this act, if unable on account of the existing and continuing state of war to file any application or pay any official fee or take any required action within the period now limited by law, shall be granted an extension of nine months beyond the expiration of said period.

SEC. 2. That the provisions of this act shall be limited to citizens or subjects of countries which extend substantially similar privileges to the citizens of the United States, and no extension shall be granted under this act to the citizens or subjects of any country while said country is at war with the United States.

SEC. 3. That this act shall be operative to relieve from default under existing law occurring since August 1, 1914, and before the 1st day of January, 1918, and all applications and letters patent and registrations in the filing or prosecution whereof default has occurred for which this act grants relief shall have the same force and effect as if said default had not occurred.

Approved August 17, 1916.

UNITED STATES PRACTICE.

PATENTS-APPLICATIONS-RECIPROCAL EXTENSION OF TIME UNDER ACT OF AUGUST 17, 1916-BELGIUM, SWEDEN, DENMARK, GREAT BRITAIN, GERMANY, FRANCE, SWITZERLAND, SPAIN, AND HUNGARY COMMISSIONER'S DECISIONS.

[233 O. G., 351-Commissioner's decisions.]

EX PARTE DURANT.

[Decided October 16, 1916.]

PAYMENT OF FINAL FEE.

Extension of Time Under Act of August 17, 1916-Reciprocal Privileges.

Held that the Belgian Government grants to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916.

On petition. Wind instrument.

Mr. Henri Van Oldenneel and Mr. W. H. Berrigan for the appli

cant.

EWING, Commissioner:

This is a petition that a final fee paid September 20, 1916, six months and five days after the expiration of the six months from the notice of allowance, be accepted under the provisions of the act of August 17, 1916.

Applicant is a subject of the King of Belgium. The Belgian Government has issued certain decrees which are published in volume 206 of the Official Gazette (p. 1439); volume 209, Official Gazette (p. 318); volume 210, Official Gazette (p. 718).

The extensions indicated therein are believed to conform fully with the requirements of the statute that reciprocal privileges, be granted to citizens of this country.

The showing made is held to establish that the failure to pay the final fee within the six months period was due to the existing and continuing state of war, and it is directed that it be accepted.

EX PARTE ENBERG.

[Decided October 16, 1916.]

PAYMENT OF FINAL FEE.

Extension of Time Under Act of August 17, 1916-Reciprocal Privileges.

Held that the Swedish Government grants to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916.

On petition.

Calculating machine, cash register, and the like.

Mr. Henri Van Oldenneel for the applicant.

EWING, Commissioner:

This is a petition that the final fee, which was paid September 20, 1916, two months and twelve days after the expiration of the six months from the date of the notice of allowance, be accepted under the provisions of the act of August 17, 1916.

Applicant is a subject of the King of Sweden. The Swedish Government has issued certain ordinances which are published in the Official Gazette (vol. 219, p. 273; vol. 220, p. 1046). (The limit set in the last order was subsequently extended.)

The extensions indicated therein are believed to conform fully with the requirements of the act of August 17, 1916, that reciprocal privileges be granted to citizens of this country.

The showing made is held to establish that the failure to pay the fee within the six months was due to the existing and continuing state of war, and it is directed that it be accepted.

EX PARTE FISHER.

[Decided November 17, 1916.]

FILING DATE.

Extension of Time Under Act of August 17, 1916-Reciprocal Privileges.

Held that the Danish law grants to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916.

EWING, Commissioner:

Applicant is a subject of the King of Denmark. The Danish law and the orders issued under the authority thereof (see 208 O. G., 986; 210 O. G., 719, and La Propriété Industrielle, 1916, 65) grant to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916.

As the application was mailed when the war had not been in progress more than three months and the delay in the mails not so great as at present, it could reasonably have been expected that it would be received by the office within the period fixed by section 4887 of the Revised Statutes. The failure to file the application within that period is therefore held to have been due to the "existing and continuing state of war.”

The patent granted on applicant's Danish application will therefore not bar the grant of a patent in this country.

EX PARTE FOLEY AND BAKER.

[Decided October 16, 1916.]

1. Extension of Time Under Act of August 17, 1916-Reciprocal Privileges.

Held that the British Government grants to citizens of the United States substantially "similar privileges" within the meaning of the net of August 17, 1916.

2. Same-Delay due to war.

Where the failure to receive and file the application within a year of the date of the British application was shown to be due to failure in the mails, and possibly to the sinking of a mail steamer, Held that the delay would be regarded as due to the war.

On petition.

Detachable or interchangeable wheel for motor vehicles and the like. Mr. Berthold Singer for the applicants.

EWING, Commissioner.

This application was filed more than 12 months after the filing of the British application on January 28, 1915. Applicants request that they be given the benefit of the act of August 17, 1916, extending the time for filing applications and fees.

Applicants are subjects of the King of Great Britain.

Under the provisions of section 1 of the patents, designs, and trademarks (temporary rules) act of 1914 the British Board of Trade issued certain rules which are published in Volume 209 of the Official Gazette (p. 1054).

The extensions indicated therein are believed to conform fully with the requirements of the statutes that reciprocal privileges be granted to citizens of this country.

Concerning the question of the failure to file within 12 months of the filing of the British application the British attorney in an affidavit accompanying the present application states that the necessary application papers were prepared and dispatched on August 17, 1915, to the present attorney; that a letter was written to him on the same date calling attention to the importance of filing the application as early as possible; and that no response was ever received to this communication. He also states that he is aware that on August 19, 1915, the Arabic, which carried American mails, was sunk off the Irish coast.

An affidavit has also been filed of the file clerk of the present attorney, who states that the records of his office do not show the receipt of the letter above referred to.

The statements above made are deemed sufficient to establish that the failure to file the application within the period fixed by section 4887, was due to the existing and continuing state of war, and as the application was filed within nine months from the expiration of that period the British patent will not bar the grant of a patent in this country.

EX PARTE JUNG.

[Decided October 16, 1916.]

PAYMENT OF FINAL FEE,

1. Extension of Time Under Act of August 17, 1916-Reciprocal Privileges.

Held, That the German Government grants to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916.