than that of making application for patent, it will be in substantially the following form:] 90. FORM OF POWER OF ATTORNEY. To the Commissioner of Patents: The undersigned having, on or about the 20th day of July, 1859, made application for letters patent for an improvement in a horse-power, hereby appoints Lawrence Legal, of the city of Washington, District of Columbia, his attorney, with full power of substitution and revocation, to prosecute said application, to make alterations and amendments therein, to receive the patent, and to transact all business in the Patent Office connected therewith. Signed at Brooklyn, county of Kings, and State of New York, this 27th day of July, A. D. 1869. CHARLES CAUTIOUS. [50 cent revenue stamp.] 91. FORM OF ASSOCIATE POWER. To the Commissioner of Patents: SIR: Will you please recognize Solomon Sharp, of Washington, D. C., as my agent and associate in examining and amending the application of Peter Pendant for an improvement in horse-power, filed April 23, 1870, and address all communications in relation thereto to him. C. P. RUSSELL. 92. FORM OF REVOCATION OF Power of Attorney.— The undersigned having, on or about the 26th day of December, 1867, appointed Thomas Tardy, of the city of New York, New York, his attorney, to prosecute application for letters patent for an improvement in the running-gear of wagons, hereby revokes the power of attorney then given. Signed at Richmond, Virginia, this 21st day of July, 1869. SEC. 101. Office of the claim. 102. Language employed. 103. Strictures upon the words "substantially as described," "as herein set forth," and the like. 104. How improvements should be set forth. SEC. 108. Fraudulent concealment, false suggestion. 109. Descriptive title. 110. Order of the specification. 111. Object of the invention. 105. Implication in regard to parts 114. Form of specification for a ma not claimed. 106. Invention should not be de scribed as a mode, function, or abstract principle. 107. Vagueness and ambiguity of description. chine by a sole inventor. 115. Form of specification for a 116. process by joint inventors. Form of specification of a composition of matter by an administrator. 93. SPECIFICATION AND DRAWING A PART OF THE PATENT.-A copy of the specifications and of the drawings shall be annexed to the patent, and be a part thereof. (Act of July 8, 1870, § 22.) 94. STATUTE REQUISITES OF THE SPECIFICATION.-Before any inventor or discoverer shall receive a patent for his invention or discovery he shall make application therefor, in writing, to the Commissioner, and shall file in the Patent Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and, in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improve ment, or combination which he claims as his invention. or discovery; and said specification and claim shall be signed by the inventor and attested by two witnesses. (Act of July 8, 1870, § 26.) 95. RULES OF THE PATENT OFFICE CONCERNING THE SPECIFICATION. The applicant must set forth in his specification the precise invention for which he claims a patent; and in all applications for mere improvements, the specification must distinguish between what is admitted to be old and what is described and claimed to be the improvement, so that the office and the public may understand exactly for what the patent is granted. Two or more distinct and separate inventions may not be claimed in one application; but where several inventions are necessarily connected each with the other, they may be so claimed. If more than one invention is claimed in a single application, and they are found to be of such a nature that a single patent may not be issued to cover the whole, the office requires the inventor to divide the application into separate applications, or to confine the description and claim to whichever invention he may elect. The specification should describe the drawings, (where there are drawings,) and refer by letters and figures to the different parts; and, having fully described the art, machine, manufacture, composition, or improvement, it should particularly specify and point out the part, improvement, or combination which is claimed as the invention or discovery. The specification must be signed by the inventor, or by his executor or administrator, and must be attested by two witnesses. Full names must be given, and all names, whether of applicant or witnesses, must be legibly written. (Patent Office Rules, July, 1870.) 96. PATENT AND SPECIFICATION CONSTRUED TOGETHER.The specification, under our law, occupies a relation to the patent somewhat different to the rule in England. In England the specification does not form a part of the patent, so as to control its construction; but the rights of the inventor are made to depend upon the description of his invention inserted in the title of the patent, and cannot be helped by the specification, the office of which is to describe the mode of constructing, using, or compounding the invention mentioned in the patent. But in the United States the invention is drawn up and filed before the patent is granted, and is referred to in the patent itself, a copy being annexed. It is, therefore, a settled rule in this country that the patent and specification are to be construed together, in order to ascertain the subject-matter of the invention, and that the specification may control the generality of the terms of the patent of which it forms a part. In like manner, drawings annexed to a specification, in compliance with the statute, are held to form a part of it, and are to be regarded in the construction of the whole instrument; and, when the term patent is used, it is understood to include the specification and drawings annexed to it. (Curtis on Patents, § 221; Phillips on Patents, 223; Godson on Patents, 108; Hogg v. Emerson, 6 How., 437, 479.) The whole patent, including the specification and drawings, is to be taken into consideration; but we look to them only for the purpose of putting a proper construction upon the claim.) Pitts v. Wemple, 2 Fish., 10.) 97. OBJECT OF THE SPECIFICATION TWO-FOLD.-The object of the provisions of the statute requiring an inventor to describe his invention in as full, clear, and exact terms, as to enable a skillful person to construct it, is two-fold: first, that when the term has expired, and the invention becomes public property, such means of information will be accessible through the Patent Office as to enable others to avail themselves of its benefits; and, second, that while the patent is in force others may be informed of the precise claim of the patentee, and not ignorantly infringe his exclusive rights. (Parker v. Stiles, 5 McLean, 55.) 98. SPECIFICATION ADDRESSED TO PERSONS OF COMPETENT SKILL. The law does not require that the specification should contain an explanation level with the capacity of every one, which would often be impossible. It allows the patentee to address himself to persons of competent skill in the art, and it requires him to use such full, clear, and exact terms as will enable that class of persons to reproduce the thing described from the description itself. If, therefore, clear ideas are conveyed to men of mechanical skill in the subject-matter, by which they could make or direct the making of the machine by following the directions given, the specification is good within the acts of Congress. (Curtis on Patents, § 253; Lowell v. Lewis, 1 Mason, 182; Whitney v. Emmett, Bald., 319.) In all descriptions of patented machines something must be left to the judgment and discretion of the mechanic who constructs the machine. It will, perhaps, rarely happen, even when the utmost vigilance and care are observed, that the machine or structure will be so accurately described as that the description can be literally and strictly followed in every particular. The skillful mechanic will see that in some particulars there is |