missioner to issue such patent on his [the applicant] filing a copy of the adjudication, and otherwise complying with the requisitions of this act: provided, however, That no such judgment or adjudication shall affect the rights of any person, except the parties to the action, and those deriving title from or under them subsequent to the rendition of such judgment."

2. For further proceedings in law or equity, the law provides, "That all actions, suits, controversies, and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or discoveries, shall be originally cognizable, as well in equity as at law, by the Circuit Courts of the United States, or any District Court having the powers and jurisdiction of a Circuit Court; which courts shall have power upon a bill in equity, filed by any party aggrieved, in any such case, to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any inventor, as secured to him by any law of the United States, on such terms and conditions as said courts may deem reasonable; provided, however, that from all judgments and decrees from any such court, rendered in the premises, a writ of error or appeal, as the case may require, shall lie 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 Circuit Courts, and in all other cases in

which the court shall deem it reasonable to allow the same." [Sections 16, 17, act July, 1836.

XIX. Orders in Appeals from the Commissioner of Patents.

1. It has been ajudged that the decision of the Commissioner, granting a new patent, is not subject to an appeal, even in cases of interference. When he refuses to grant a patent, and in that instance only, an appeal may be taken by the aggrieved party to either of the judges of the District Court of the District of Columbia. But this opinion should not deter proceedings being instituted in either case.

2. It has been decided in the District Court of Eastern Pennsylvania, that all proceedings in Equity against the Commissioner of Patents, must be commenced and prosecuted in the courts of the District of Columbia; no court out of the District having jurisdiction over the subject-matter. [But Observe, this only relates to appeals from the decisions of the Commissioner, and does not affect the cases embraced in XVIII., 2.]

4. "In every case desired to be tried before me, the petition must be addressed to me as Assistant Judge of the Circuit Court of the District of Columbia. Previous to any action by me, and preparatory to the hearing of any appeal, the party must comply with the requisites of the law in the Patent Office; and his petition to me must state concisely the application for the patent; its nature; and (if a case of interference) the residence of the party interested; the Commissioner's refusal [to

issue a patent;] the prayer of an appeal, and notice thereof to the Commissioner; the filing of the reasons of appeal in the Patent Office; and the payment into the office of the sum required by the law. To every petition must be annexed a certificate of the proper officer that the requisitions of the law have been complied with, or an affidavit of the truth of the facts stated in the petition. No notice to the Commissioner will be issued until such certificate or affidavit be made or produced. The appeal will be tried upon, the evidence which was in the case and produced before the Commissioner. All applications must be in writing. The cause will be heard upon written arguments only, unless otherwise specially directed; which arguments must state the points of fact and law relied on, and the authorities in support of the same. Five days will be allowed, after the filing of the Commissioner's report, to the appellant to file his argument; and the like period will be allowed for any answer and reply-at the expiration of the last of which periods, the case will be taken up and decided, and the papers returned, with the decision, to the office of the Commissioner. Copies of the Commissioner's report, or grounds of decision, and of the arguments filed, can be had if desired, from the secretary to be appointed, upon the payment of the usual fees for such services."

[Note. The preceding rules, issued by Justice Morsell, are the rules generally adopted by the court.]

XX. Recovering Money Paid for a Patent not Taken Out. [See "Form of Withdrawals,"&c., marked XVI., page 80, "Remedy in Equity for Patents," marked XVIII., page 86.]

XXI. Form of Oath on Restoring Drawings, or Sketches from which Drawings may be made, to replace the Originals destroyed in the office.

["See "Granting Anew Lost Patents," marked XI., page 75.]

In such cases, the law requires an oath or affirmation, of which the following should be the form. "County of Philadelphia,

"State of Pennsylvania,

ss:

"On this first day of March, 1838, before the subscriber, a personally appeared John Fitch, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, and made solemn oath [or affirmation] that he is the inventor, [or is interested in the invention as administrator, &c.,] of an improved mode of preventing the explosions of steam boilers, for which letters patent of the United States were granted to him, dated the first day of January, 1835, and that the annexed drawing [or sketch] is, as he verily believes, a true delineation of the invention described in the said letters patent."

XXII. Interfering Patents.

1. "Whenever an application shall be made for a patent, which in the opinion of the Commis

sioner would interfere with any other patent for which an application may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of the Commissioner to give notice thereof to such applicants, or patentees, as the case may be; and if either shall be dissatisfied with the decision of the Commissioner, on the question of priority of right or invention, on a hearing thereof, he [the patentee or other party] may appeal from such decision, on the like terms and conditions as are provided in the preceding section of this act [see "Proceedings," &c., marked XVII., page 80;] and the like proceedings shall be had to determine which, or whether either, of the applicants is entitled to receive a patent as prayed for." [Sect. 8, act 1836.

2. The Commissioner of Patents declares an interference, when in his opinion claims conflict; and all proceedings in both cases are suspended, until final decision determines the question at issue. So, likewise, if there is reason to apprehend that an application conflicts with a caveat, filed or renewed within a year, the caveator is forthwith required to complete and file an application within three months, [see "Caveats," marked XXIII., page 92;] and if, on its coming in, the parties are found to claim the same discovery or invention, an interference will be declared, as in the other instance. [Rules of Patent Office.

3. In the matter of taking evidence, the mode of proceeding is the same as in "Rules for Taking