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2. It is only when the administrators, executors, or assigns become parties to the disclaimer, that they can derive any benefit from it.

3. In cases of patents granted before the 15th of December, 1836, no disclaimer will be admitted for record, until a model and drawings of the invention, as originally patented and verified by oath, shall have been deposited, unless dispensed with by the Commissioner.

XIII. Form of Surrender of a Patent for Re-issue. "To the Commissioner of patents:

"The petition of John Fitch, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania

"Respectfully represents,

"That he did obtain letters patent of the United States for an improvement in the boilers in steam engines, which letters patent are dated on the first day of March, 1835: that he now believes that the same are inoperative and invalid, by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender, and he hereby does surrender, the same, and requests that new letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented; he having paid fifteen dollars into the Treasury of the United

States, agreeably to the requirements of the act of Congress in that case made and provided.

(Signed)

"JOHN FITCH."

XIV. Form of Disclaimer.

"To the Commissioner of patents:

"The petition of John Fitch, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania—

"Respectfully represents,

"That he has by assignment, duly recorded in the Patent Office, become the owner of a right for the several states of Pennsylvania, New York, and Maryland, to certain improvements in the steam engine, for which letters patent of the United States were granted to John Dow, of Boston in the state of Massachusetts, dated on the first day of March, 1835: that he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specification, which is in the following words, to wit: 'I also claim the particular manner in which the piston of the above described engine is constructed, so as to ensure the close fitting of the packing thereof to the cylinder, as set forth;' which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten

dollars into the Treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided.

(Signed,)

"JOHN FITCH."

[Note.-If the disclaimer is put in by the patentee on his own invention, the instrument should be worded accordingly.]

XV. Withdrawals, &c.

1. The law authorizes the withdrawal of an application for a patent, and the return to the applicant of twenty dollars of the fee paid by him into the Treasury. But no money is refunded on the withdrawal of an application after an appeal has been taken from the decision of the Commissioner of Patents. And no part of the fees paid for caveats, and on application for the addition of improvements, re-issues, and appeals, is refunded or can be withdrawn.

* * *

2. "Whenever the application of any foreigner for a patent shall be rejected and withdrawn for want of novelty in the invention, the certificate thereof of the Commissioner shall be a sufficient warrant to the Treasurer to pay back to such applicant two-thirds of the duty he shall have paid into the Treasury on account of such application." [Sect. 2, act 1837. See "Form of With drawal," marked XVI., page 80.]

XVI. Form of Withdrawal.

"To the Commissioner of Patents:

"Sir-I hereby withdraw my application for a patent for improvements in the steam-boiler now in your office, and request that twenty dollars may be returned to me, agreeably to the provision of the act of Congress authorizing such withdrawal. "JOHN FITCH."

(Signed)

[Note.-A receipt should accompany the enclosure, of which the following is the form:

"Received of the Treasurer of the United States, per Hon. Charles Mason, Commissioner of Patents, twenty dollars, ($20,) being the amount refunded on withdrawing my application for a patent.

66

(Signed)

Dated, "—"]

66

XVII. Proceedings on Application for Patents, and on Appeals from the Commissioner's Decision.

1. The leading principle of the Patent Office is, that "applications shall be taken up by the Examiner within whose province they fall, in the order in which they have been rendered complete, by a compliance with all the requisites. He may, notwithstanding, take up one out of its turn, if it belongs to a class upon which he is engaged, and he finds that it will facilitate his labours. In cases of supposed interference between two or more applications, they must necessarily be considered together when the first comes up. If the inventor has already obtained a patent in another country,

his application is entitled to immediate consideration, if the business on hand will permit it; because the patent issued here can run but fourteen years from the date of his foreign patent, and every day's delay is a loss to him. Applications for additional improvements, re-issues, and extensions, are entitled to a priority for a similar

reason.

2. "If the specification, drawings, or models, are found defective, they will be returned, with directions how to correct them. If, however, they are altered at any stage of the proceedings, they are not entitled to the consideration of the Examiner anew, until all the cases are disposed of which have been filed before the amended documents were received back. The office reserves the right to take up each case, when once reached, as often as it comes back, and to bring it to a final determination with all despatch, provided it is satisfied that due pains have been taken to perfect it, and to save labour.

3. "Should the applicant, instead of amending his papers, have new ones prepared, he must return the originals to the office. Until that is done, the case will receive no farther consideration.

4. "If the Examiner finds that the claims advanced are not patentable, the applicant will be notified of their rejection and of the reasons. If the rejection rests upon the particular invention having been previously known, he will be furnished with a reference to the patent, the book, or

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