carry with it his action upon executive matters. (John A. Krake ex parte, Commissioners' Decisions, 1869, p. 100.) 198. FORM OF AMENDMENT.—

To the Commissioner of Patents:

WASHINGTON, D. C., July 20, 1869.

In the matter of my application for letters patent for an improvement in wagon brakes, I hereby amend my specification, by striking out all between the ninth and twentieth lines, inclusive, on page 3, by inserting the words "connected with" after the word "and," in the first line of the second claim, and by striking out the third claim and substituting therefor the following:

3. The combination of the self-acting brake C, pin A, and slotted flanges D, substantially as described and for the purposes set forth.

HENRY RICHARDS;
By MILTON MEADOWS,
His attorney in fact.

X. Renewal of an Application upon which the Final Fee has not been Paid.

199. CONSEQUENCE OF NEGLECTING TO PAY THE FINAL FEE WITHIN SIX MONTHS FROM NOTIFICATION OF ALLOWANCE.-Every patent shall date as of a day not later than six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent; and if the final fee shall not be paid within that time the patent shall be withheld. (Act of July 8, 1870, § 23.)

The final fee on issuing a patent must be paid within

six months after the time at which the patent was allowed and notice thereof sent to the applicant or his agent. And if the final fee for such patent be not paid within that time, the patent will be forfeited, and the invention therein described become public property, as against the applicant therefor, unless he shall make a new application therefor within two years from the date of the original allowance. (Patent Office Rules, July, 1870.)

200. WHO MAY PETITION FOR RENEWAL OF THE APPLICATION. Any person who has an interest in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent was ordered to issue upon the payment of the final fee, but who has failed to make payment thereof within six months from the time at which it was passed and allowed and notice thereof was sent to the applicant or his agent, shall have a right to make an application for a patent for such invention or discovery, the same as in the case of an original application. (Act of July 8, 1870, § 35.)

201. RENEWED APPLICATION TO BE MADE WITHIN Two YEARS FROM NOTIFICATION OF ALLOWANCE.-The second application must be made within two years after the allowance of the original application. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent, as aforesaid, was ordered to issue prior to the issue thereof. (Ib.)

202. NEW SPECIFICATION, &C., NOT REQUIRED.-It is not necessary for the applicant to file a new specification, oath, model, or drawing, on petitioning for the renewal of an application upon which the final fee has not been paid. The proper course will be to file a petition, stating

the date of the filing of the original application, and the date of the notification of allowance, and praying that the original specification, oath, drawings, and model be used as a part of the renewed application.

203. WHEN AN Interference wILL BE DECLARED.-Upon considering the renewed application, if it be found that applications have been made, or unexpired patents have been granted, in which the device in controversy has been described or claimed, an interference will be declared between such applications or patents and such renewed application, in order that an opportunity may be given for the production of proof of abandonment or two years' public use, if either exist. (Patent Office Rules,

July, 1870.)

204. FORM OF PETITION FOR THE RENEWAL OF AN APPLICATION.

To the Commissioner of Patents :

Your petitioner represents that on May 8, 1868, he filed an application for letters patent for an improvement in churns, which application was allowed July 7, 1868, but that he failed to make payment of the final fee. He now makes renewed application for letters patent for said invention, and prays that the original specification, oath, drawings, and model may be used as a part of this application. SIMON SLOTHFUL.

XI. Renewal of Withdrawn and Rejected Applications filed prior to July 8, 1870.

205. CONSEQUENCES OF NEGLECT TO RENEW APPLICATION. When an application for a patent has been rejected or

withdrawn prior to the passage of the act of July 8, 1870, the applicant shall have six months from the date of such passage to renew his application or to file a new one; and if he omit to do either, his application shall be held to have been abandoned. Upon the hearing of such renewed applications abandonment shall be considered as a question of fact. (Act of July 8, 1870, § 35.)

206. NEW APPLICATION, FORMAL RENEWAL.-The proper course will be, where the application has been withdrawn, to file a new application; and where it has been rejected but not withdrawn, to file a formal renewal, with or without amendment, as the status of the application with reference to previous action may require. (Patent Office Rules, July, 1870.)

207. WHEN RENEWED APPLICATIONS WILL BE PLACED IN INTERFERENCE.—Upon considering such renewed applications of either class, if it be found that applications have been made or unexpired patents have been granted in which the device in controversy has been described or claimed, an interference will be declared between such applications or patents and such renewed application, in order that an opportunity may be given for the production of proof of abandonment or two years' public use, if either exist. (Ib.)

208. INTENT OF THE ACT.-In the case of Millspaugh ex parte the Commissioner says: "In this case the attorneys for applicant file the following paper:

"In the matter of," &c., "filed September 20, 1869, and rejected by the board of examiners June 25, 1870, we beg leave to renew the same, in accordance with act of Congress relating to patents approved July 8, 1870, and to retain model, drawing, and papers heretofore filed, to

constitute the renewed application. The case is respectfully submitted to the board of appeal for their further action."

This paper is similar to a large number filed by various attorneys, except that the last paragraph is usually omitted. Some seem to suppose that the effect of such a request is to begin the case de novo, while others imagine that by filing such a paper they "keep the case alive" for two years, during which time they may or may not take or request further action. Both opinions are errors. The act of July 8, 1870, § 35, was intended for no such purposes. The sole intent of the second proviso of that section is, 1. To permit withdrawn cases to be refiled, in which case, of course, they begin de novo; and, 2. To permit rejected cases to be renewed, that is, to be revived and continued under the new law. (Commissioners' Decisions, September 21, 1870.)

209. PETITION TO BE ACCOMPANIED BY A DEMAND FOR ACTION."The prayer for renewal is a prayer for further action, and the effect of it is simply to demand such action as shall set the case in motion. Section 32 provides 'that all applications for patents shall be completed and prepared for examination within two years after the filing of the petition, and in default thereof, or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto,' &c. It will be observed that the two years run, not from action by the applicant, but action. 'of which notice shall have been given to the applicant,' i. e., action by the office.

"The petition for renewal is but a part of the action nec