A design is useful if it attracts persons to it or to articles made like it. Norton, 22 O. G. 1205.

An article of manufacture is useful if its shape or configuration is of such a character that persons needing it will purchase it because of its shape or configuration in preference to other articles for the same purpose, but different in shape and configuration. Norton, 22 O. G. 1205.

An inventor may obtain a patent for a design, although he has shown it in the drawings annexed to a mechanical patent previously obtained. Alois Palmer, 21 O. G. 1111; contra, Stuart & Bridge, 2 Dec. Com. 15; Kohler, 4 O. G. 53.

This section allows a patent for a design that is useful whether it is ornamental or not. Jason Crane, 1 Dec. Čom. 7; William N. Bartholomew, 1 Dec. Com. 103; C. R. Fenno, 3 Dec. Com. 52; Shoeninger, 15 0. G. 384; contra, Peter C. Parkinson, 3 Dec. Com. 251.

An applicant for a design patent may claim the configuration without the ornamentation. Beattie, 16 O. G. 266.

A fanciful pattern to be wrought into or upon the article forming a part of it and giving to it a certain value by way of a new appearance, is the subject of a design patent. T. E. Parker, 13 O. G. 323.

The material used, or the mode in which an article is constructed, can not be monopolized under a patent for a design. Walter L. Tyler, 3 Dec. Com. 106.

An application for a patent for a product can not be changed into an application for a patent for a design. George H. Sellars, 2 Dec. Com. 58. Where the function of a device enters into the claim, a patent for a design will not be given. J. F. Diffenderfer, 2 O. G. 57; Peter C. Parkinson, 3 Dec. Com. 251.

New shapes and configurations may be patented as designs, on account of their utility, when that is owing to their form. Wm. N. Bartholomew, 1 Dec. Com. 103.

An old form, when applied to a new article of manufacture, may be considered as a new design. Wm. N. Bartholomew, 1 Dec. Com. 103.

A mere substitution of one color for another possesses no element of originality, and indicates no exercise of genius, and can not, therefore, become the subject of a design patent. Phillip Weinberg, 3 Dec. Com. 244.

Designs which promote convenience and utility are embraced within the statute, as well as those which are merely ornamental. Jason Crane, 1 Dec. Com. 7; C. R. Fenno, 2 Dec. Com. 52.

When an alteration in any article is calculated to give it a better appearance merely, it can be protected only by a design patent. T. B. Oglesby, 3 O. G. 211.

Practice.

If one claim covers the entire design, other claims may be inserted for combination of the several features. Beattie, 16 O. G. 266.

If a complete design consists of parts which are separable, the inventor may claim both parts in one patent. Rogers & Huggins, 13 O. G. 596.

A specification of a design must describe the shape or form of the article without reference to the materials, color or mechanical structure. Traitel, 25 O. G. 783.

Although the specification of a design patent embraces a description of the mode in which the article contemplated is constructed, it will not bar a separate patent for such construction. Wm. N. Bartholomew, 3 Dec. Com. 298.

There is no provision in the act relating to letters patent for designs which forbids the union of two or more claims or clauses of claim in a single patent. Isaac A. Sheppard, 2 Dec. Com. 22.

A claim for a part of a design can not be allowed unless it is a claim for an integral part. Pope, 25 O. G. 230.

All descriptions of the mechanical construction of the article should be eliminated in a design patent, as well as all reference to its purpose as a matter of utility. L. W. Fairchild, 3 O. G. 323.

If the specification and claim are deficient in the requirements of the law respecting clearness, exactness and particularity, an application for a design patent should not be entertained by the examiner. F. G. & W. F. Niedringhaus, 7 O. G. 171.

SEC. 4930. The commissioner may dispense with models of designs when the design can be sufficiently represented by drawings or photographs.

Statute Revised-July 8, 1870, ch. 230, 72, 16 Stat. 210.

SEC. 4931. Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant may, in his application, elect.

Statute Revised-July 8, 1870, ch. 230, Prior Statutes-Aug. 29, 1842, ch. 263, 88, 11, 12 Stat. 248.

73, 16 Stat. 210.

3, 5 Stat. 543.-March 2, 1861, ch.

An applicant for a design patent must elect, at the time of his application, the term for which he desires his patent to issue, and the payment of a fee corresponding to that election. Israel C. Mayo, 2 Dec. Com. 14.

SEC. 4932. Patentees of designs issued prior to the second day of March, eighteen hundred and sixty-one, shall be entitled to extension of their respective patents for the term of seven years, in the same manner and under the same restrictions as are provided for the extension of patents for inventions or discoveries, issued prior to the second day of March, eighteen hundred and sixty-one.

Statute Revised-July 8, 1870, ch. 230, ? 74, 16 Stat. 210.
Prior Statute-March 2, 1861, ch. 88, ? 11, 12 Stat. 248.

Upon extending a patent for a design, its utility may be taken into account in estimating its value and importance to the public. B. L. Solomon, 1 Dec. Com. 49.

SEC. 4933. All the regulations and provisions which apply to obtaining or protecting patents for inventions or discoveries, not inconsistent with the provisions of this title, shall apply to patents for designs.

Statute Revised-July 8, 1870, ch. 230, 76, 16 Stat. 210.

If a design was on sale or in public use for more than two years prior to the application for a patent, it is void. Theberath v. Rubber & C. H. T. Co., 23 O. G. 1121.

SEC. 4934. The following shall be the rates for patent fees:

On filing each original application for a patent, except in design cases, fifteen dollars.

On issuing each original patent, except in design cases, twenty dollars.

In design cases: For three years and six months, ten dollars; for seven years, fifteen dollars; for fourteen years, thirty dollars.

On filing each caveat, ten dollars.

On every application for the reissue of a patent, thirty dollars.

On filing each disclaimer, ten dollars.

On every application for the extension of a patent, fifty dollars.

On the granting of every extension of a patent, fifty dollars.

On an appeal for the first time from the primary examiners to the examiners in chief, ten dollars.

On every appeal from the examiners in chief to the commissioner, twenty dollars.

For certified copies of patents and other papers, including certified printed copies, ten cents per hundred words. For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; of over one thousand words, three dollars.

For copies of drawings, the reasonable cost of making them.

Statutes Revised-July 8, 1870, ch. 230, ?? 68, 75, 16 Stat. 209, 210.-March 24, 1871, ch. 5, § 2, 17 Stat. 1.

Prior Statutes-April 10, 1790, ch. 7, § 7, 1 Stat. 112.-February 21, 1793, ch. 11, 5, 11 Stat. 323.-July 4, 1836, ch. 357, 22 4, 9, 11, 5 Stat. 118, 121.March 3, 1839, ch. 88, 8, 5 Stat. 354.-May 27, 1848, ch. 47, 2, 9 Stat. 231. -March 2, 1861, ch. 88, 10, 12 Stat. 248.-June 27, 1866, ch. 143, 1, 14 Stat. 76.

SEC. 4934 A (Act of March 3, 1883, Ch. 143, 22 Stat. 625). The Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the government, except officers and employes of the patent office, a patent for any invention of the classes mentioned in section forty-eight hundred and eighty-six of the Revised Statutes, when such invention is used or to be used in the public service, without the payment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be used by the government or any of its officers or employes in the prosecution of work for the government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent.

SEC. 4935. Patent fees may be paid to the commissioner of patents, or to the treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, national banks, or receivers of public money, designated by the Secretary of the Treasury for that purpose; and such officer shall give the depositor a receipt or certificate of deposit therefor. All money received at the patent office, for any purpose, or from any source whatever, shall be paid into the treasury as received, without any deduction whatever.

Statute Revised-July 8, 1870, ch. 230, Prior Statutes-March 3, 1837, ch. 45, 177, 27, 15 Stat. 119.

69, 16 Stat. 209.

14, 5 Stat. 194.-July 20, 1868, ch.

SEC. 4936. The treasurer of the United States is authorized to pay back any sum or sums of money to any person who has through mistake paid the same into the treasury, or to any receiver or depositary, to the credit of the treasury, as for fees accruing at the patent office, upon a certificate thereof being made to the treasurer by the commissioner of patents.

Statute Revised-July 8, 1870, ch. 230, 2 69, 16 Stat. 209.

Prior Statute-August 29, 1842, ch. 263, ? 1, 5 Stat. 543.