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SUPPLEMENT.

The following rules of practice in the supreme court of the District of Columbia, in appeals from the Commissioner of Patents, were adopted in general term, November 30, 1870, after this work had been stereotyped:

RULES OF PRACTICE.

1. The appellant's petition shall be addressed to the court, and shall be substantially as follows:

To the Supreme Court of the District of Columbia, in banc,

The petition of

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a citizen of, in the (State, territory, disrespectfully shows as follows:

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of the desired patent in the identical words of the application to the Patent Office.)

b. On the

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18—, in the manner prescribed by law, I

presented my application to the Patent Office, praying that a patent be issued to me for said invention.

c. Such proceedings were had in said office upon said application that, on the day of 18, it was rejected by the Commissioner of

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d. I thereupon appealed to this court, and gave notice thereof to the Commissioner, and filed in his office the following reasons for said appeal: e. The Commissioner of Patents has furnished me a complete copy of all the proceedings in his office upon my said application, which copy has been filed herewith, and is to be taken as part hereof.

f. And thereupon I pray that the court do revise and reverse said decision, to the end that justice may be done in the premises.

2. This petition shall be filed in the clerk's office of this court, and as soon as the petitioner has made the deposit required by law at the commencement of suits in this court, or said deposit has been dispensed with, the clerk shall enter the case in a docket to be provided by him for the purpose, and in which a brief of said filing and of all subsequent proceed

673

ings in the case shall be entered, as and when they successively occur, down to and including the final decision.

3. The clerk shall provide a minute book of his office, in which he shall record every order, rule, judgment, or decree of the court in each case, in the order of time in which said proceedings occur. And of this book there shall be two alphabetical indexes, one showing the name of the party applying for the patent, and the other designating the invention by its subject-matter or name.

4. The cases in the docket of causes shall be successively numbered from No. 1, onward, and each case shall also be designated by the number assigned to it on the records of the Patent Office.

5. This docket shall be called for the trial of the cases thereon on the first day of each session of this court in general term, provided the petition has been filed ten days before the commencement of the term.

6. The opinions of the court, when written, shall be kept by the clerk in the order of their delivery in a temporary book-file, indexed; and when so many have been delivered as will make a volume of convenient size, he shall cause them to be bound.

7. The clerk shall furnish to any applicant a copy of any paper in any of said appeals on payment of the lawful fees.

8. Hearing of said appeals shall be subject to the rules of the court provided for other causes therein.

9. When the testimony of the Commissioner or of any examiner, touching the principles of the invention in question, shall be deemed necessary, it shall be taken orally in open court, unless otherwise ordered by the court. And in such case the court may order it to be reduced to writing, and filed or entered on its minutes, if it think proper.

10. The final judgment or order of the court shall not recite any of the facts made to appear in the case, but shall be to the following effect:

"This appeal having been heard upon the record from the Patent Office, [and upon the testimony of the Commissioner of Patents,] [of one of the examiners,] touching the principles of the invention, and having been argued by [counsel for] the petitioner and [for] the Commissioner,

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'It is thereupon ordered and adjudged that the [petition be dismissed] [Commissioner do issue to the petitioner a patent,] [as prayed,] [granting the petitioner (so and so.)]

"And that the clerk of this court transmit to the Commissioner of Patents a copy of this decree duly authenticated."

INDEX.

ABANDONMENT.

Statute provisions concerning, 9,

12, 13, 14.

More than two years' public use

constitutes, 264.

May be within two years, 266, 267.
Use which amounts to, 264, 265.
What delay will amount to, 264,
269.

Evidence of, 267, 521.

in interference cases, 483-491.
by non-completion of an appli-
cation, 260.

by non-prosecution of applica-
tion, 265-268.
by non-payment of final fee, 343.
by neglect to prosecute applica-
tion rejected prior to July 8,
1870, 345-348.

ABSTRACT PRINCIPLE.
When reduced to practice patent-
able, 219.

Invention should not be described
as, 298.

ACTION AT LAW.

Arising under patent laws, 24, 25.
trade-mark laws, 39.
copyright laws, 50, 51.
Form of declaration in, 668.
ADMINISTRATOR.

May apply for letters patent, 13,
271.

ADMINISTRATOR (continued.)
for extension, 591.

Form of petition for letters patent
by, 280.

for extension by, 604.
Form of oath on application for
patent by, 318.

for extension by, 606.
AFFIDAVIT. (See Oath, Deposition.)
AFFIRMATION. (See Oath.)
AGENT. (See Attorney.)
ALIEN. (See Foreign Inventor.)
AMENDMENT. (See Examination,
Appeal, Application.)

APPEAL.

To examiners-in-chief. (See Exam-
iner-in-chief.)

To Commissioner in person. (See
Commissioner of Patents.)
To the supreme court of the Dis-
trict of Columbia. (See Su-
preme Court of the District of
Columbia.)

To the Supreme Court of the Uni-
ted States. (See Supreme Court
of the United States.)
APPLICATION FOR LETTERS PATENT.
Fee of $15, payable on filing,

32.

Subject-matter of, 218.

Abandonment of, (See Abandon-

ment.)

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APPLICATION (continued.)
Rejection of, 334-339.
Amendment of, 333, 334. (See Ex-
amination.)

Which take precedence, 331.
May be renewed, 343, 345.
On rejection of, applicant may ap-
peal. (See Appeal.)

Right of purchasers prior to, 15.
ARGENTINE REPUBLIC, 59-61.
Law and date, 59.
Kinds of patents, 59.

Previous examination, 59.

Duration, 59.

Government fees, 60.

Documents required, 60.

Working, 61.

Assignment, 61.

Specification, &c., inspection and

publication of, 61.
Infringements, 61.
Other legal provisions, 61.
ARRANGEMENT OF PARTS. (See Com-
bination.)

ART. (See Abstract Principle, Effect.)
Definition of, 231, 232.

When patentable, 233, 234.
Must be practical, 233.
Lost, 252.

ARTICLE. (See Manufacture.)
ASSIGNEE.

Patent may issue to, 275, 276,
623.
Correspondence to be in the name
of, 277.

Who is on, 278.

Rights of, unaffected by a reissue,

557.

Entitled to the benefit of a dis-
claimer, 612.

ASSIGNEE (continued.)

Rights of, under extension, 599.
Rights of, under extension by act

of Congress, 603.
Cannot apply for an extension,
585.

Form of petition for an, 279.
May apply for reissue if the in-

ventor be dead, 556.

Form of petition for reissue by,

582.

Form of oath by, 583.

Of a partial interest, 276.

Of alien inventors, 633.

ASSIGNMENT. (See Assignee, Licensee,
British Assignments, French
Assignments.)

Before letters patent are obtained,

14, 274-279, 629.
Patent may issue to assignee in
case of, 13, 274, 276.
Should be recorded before patent
issues, 277.

After rejection of, application val-
id, 275.
Ofincomplete invention, only val-
id as a contract, 276.
Stamp required, 278, 627.
Requires no particular form of

words, 278, 624.

Oath and application to be by in-
ventor in case of, 318.
Interests which may be conveyed
by, 624.

Recording of, 277, 626.
Unrecorded, good as between the
parties, 627, 628.
Distinction between, and license,
629, 635.

Effect and construction of, 631.

ASSIGNMENT (continued.)

Whether a particular instrument
amounts to, C24, 625, 631.
Implies no warranty of title, 632.
Of extended term, 599.

In case of reissue, 556-558.
Forms of, 633.

Copy of evidence, 520.
ASSISTANT COMMISSIONER.
How appointed, 1.
Duties of, 5.

ATTORNEYS. (See Power of Attor-
ney.)

Correspondence only with, 261,
281.
Conflicting interests represented
by the same, 262.

Who may appear as, 281.
Patent Office not responsible for
acts of, 281.

Commissioner may refuse to recog-
nize, 6, 281.
AUSTRIA, 61-67.

Law, date, and where recorded, 62.
Kinds of patents, 62.

Previous examination, 62.
Duration, 62.

Government fees, 62.

Documents required, and where
to be left, 63.

Working and prolongation, 63.
Assignments, 63.

Other legal provisions, 63.
Specifications, inspections, and
copies of, 63.

List of patents delivered, 64.
Specifications published, 64.
Proceedings to obtain a patent, 64.
Form of petition, 65.

BADEF, (Grand Duchy of,) 67, 68.

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