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SECTION X.
OF THE APPLICATION: PROCEDURE IN INTERFERENCE CASES.
§ 586. Interference Proceeding Instituted to Determine Priority between
Rival Inventors . . .
587. History of Interference Proceedings
588. Interference Proceedings Instituted only between Pending Appli-
cations or between a Pending Application and an Unexpired
Patent ...
589. Interference Proceedings Instituted only between Conflicting Ap-
plications or between an Application and a Conflicting Patent
590. Interference Proceedings Instituted only when the Later Applicant
Claims Priority of Inventive Act
591. Interference Proceedings Instituted in Nine Special Cases
592. Interference Proceedings: Notice of Interference to the Rival
Claimants. . .
PAGE
210
211
213
215
217
218
220
593. Interference Proceedings: Examination of Conflicting Applications
on their Merits . .
221
594. Interference Proceedings: Definition of Issues
222
595. Interference Proceedings: Preliminary Statements.
224
596. Interference Proceedings: Effect of Failure to File Preliminary
Statement..
226
597. Interference Proceedings: Amendment of Preliminary Statement
598. Interference Proceedings: Examination of Preliminary Statements 229
599. Interference Proceedings: Taking Testimony
227
230
600. Interference Proceedings: Burden of Proof: Evidence Admissible 230
601. Interference Proceedings: Rules of Evidence.
234
602. Interference Proceedings: Arguments of Contestants
603. Interference Proceedings: Judgment of Priority
236
604. Interference Proceedings: Appeal from Judgment of Priority
605. Interference Proceedings: Dissolution of the Interference
606. Interference Proceedings: Suspension of the Interference
607. Interference Proceedings: Motions: Practice . .
239
240
243
244
608. Interference Proceedings: Amendment of Application by Disclaim-
ing Contested Matter.
610. Interference Proceedings: Discovery of Non-Patentability of the
Invention pending the Interference.
247
611. Interference Proceedings: Effect of Judgment
612. Interference Proceedings: Number Unlimited: Consolidation of
Interferences. .
SECTION XI.
OF THE FORM AND EFFECT OF LETTERS-PATENT.
§ 617. Issue of Patent is a Judgment that all Prerequisites are Fulfilled. 254
618. Protest against the Issue of Letters-Patent .
255
256
257
622. Term of Patent Privilege Limited by Express Statute or by For-
eign Patents.
258
623. Term of Patent Privilege: When Limited by Foreign Patents.
624. Term of Patent Privilege: How Limited by Foreign Patents
625. Term of Patent Privilege: How Calculated when not Limited by
Foreign Patents. .
626. Effect of Clerical Errors in Letters-Patent .
627. Recording of Letters-Patent: Copies of the Records
628. Patented Articles to be Stamped
260
202
263
629. Stamping Patented Articles by Infringers Prohibited
630. Stamping Unpatented Articles Prohibited.
631. Procedure and Penalty for Falsely Stamping Infringing or. Un-
patented Articles
632. Failure of Alien Inventor to put his Invention intò Market in the
United States.
271
272
CHAPTER II.
OF THE AMENDMENT OF LETTERS-PATENT.
§ 633. Patentee Bound by the Language of his Patent as Construed by
the Courts, whether or not his Actual Invention is thereby
Adequately Protected
634. Power to Amend the Defective Language of a Patent Necessary
to the Protection of the Patentee.
635. The Power to Amend the Defective Language of a Patent does
not Include the Power to Change the Nature of the Patented
Invention or the Person of the Patentee
636. Defects and Modes of Amendment, each of Three Classes
SECTION I.
OF THE AMENDMENT OF LETTERS-PATENT: CLERICAL ERRORS.
638. Errors of Substance not Corrected as Clerical Errors
639. Correction of Clerical Errors not to affect Intervening Rights.
SECTION II.
OF THE AMENDMENT OF LETTERS-PATENT: DISCLAIMER.
§ 640. Disclaimer: Its Twofold Purpose: To Amend Defective Patent:
To Save an Otherwise Lost Suit.
641. Origin and Nature of Disclaimer as a Method of Amending a
Defective Patent . .
278
279
280
281
642. Disclaimer a Method of Amending only an Excessive Claim
643. Claim when Excessive: How Excess Ascertained
644. Excessive Claim Amendable by Disclaimer only when the Defect
Arose through Mistake and without Fraud
645. Excessive Claim Amendable by Disclaimer only when the
Amended Claim would cover a Patentable Invention. . . . 283
646. Excessive Claim not Amendable by Disclaimer after Unreasonable
Delay . .
649. Disclaimer not a Method of Amending a Defective Description
650. Disclaimer Affects only the Excess which it Eliminates from the
651. Origin and Nature of Disclaimer as a Method of Saving an Other-
wise Lost Suit . .
652. Disclaimer a Nullity unless Original Claim Actually Excessive
SECTION III.
OF THE AMENDMENT OF LETTERS-PATENT: RE-ISSUE.
653. Origin of Re-issue as a Method of Amending a Defective Patent :
Re-issues Prior to the Act of 1832
654. Re-issues under the Act of 1832.
655. Re-issues under the Act of 1836.
656. Re-issues under the Act of 1836: Variations from the Act of 1832
657. Re-issues under the Act of 1870 and the Revised Statutes of 1874
658. Conditions of Re-issue the Same under all the Foregoing Statutes
659. The Fundamental Principles Governing Amendment by Re-issue
Reducible to Four Propositions
660. First Proposition: Sole Purpose of a Re-issue is to so Amend an
Imperfect Patent that it may Protect the Patentable Subject-
Matter which the Original Patent Attempted to Secure to its
Inventor
661. Failure to Describe or Claim Matter outside the Invention not a
Defect in the Patent
662. Defects Amendable by Re-issue are Defects of Statement only, not
of Subject-Matter
663. Second Proposition: Re-issued Patent must be Confined to the
Invention which the Patentee Attempted to Describe and Claim
in his Original Patent
§ 664. Nature and Scope of the Invention which the Inventor Attempted
to Describe and Claim in his Original Patent, how Determined. 329
665. The Attempt of the Inventor to Describe and Claim the Invention
Embraced in the Re-issue must Appear in the Specification,
Drawings, or Model of the Original Patent
666. The Attempt of the Inventor to Describe and Claim the Invention
may Appear either in the Original Specification, the Drawings,
or the Model.
667. How the Attempt of the Inventor to Describe and Claim the In-
vention Embraced in the Re-issued Patent must Appear in the
Original Specification, Drawings, or Model
668. Variations between the Descriptions and Claims of the Original
and Re-issued Patents not Inconsistent with Identity of Subject-
Matter ..
669. The Re-issued Patent may Embrace all Inventions which the Origi-
nal Patent Defectively or Insufficiently Described and Claimed,
subject to the Rules Governing the Joinder of Inventions
670. Re-issued Combination-Patent cannot Embrace a Combination
Essentially Distinct from that Described and Claimed in the
Original Patent . . .
671. Re-issued Combination-Patent may Embrace Sub-combinations
672. Re-issued Combination-Patent may Embrace the Elements of the
Combination. .
673. Re-issued Generic Patent may Embrace One Species: When Re-
issued Species Patent may Embrace the Genus
674. Re-issued Patent for an Art may Embrace the Same Art, and
sometimes the Apparatus or the Product.
336
339
840
342
351
353
.
357
360
362
363
675. Re-issued Patent for a Machine may Embrace the Same Machine,
and sometimes the Product, but not the Process
676. Re-issued Patent for a Manufacture may Embrace the Same Manu-
facture, and sometimes the Process or the Apparatus
677. Re-issued Patent for a Composition may Embrace the same Com-
position, and sometimes the Ingredients, the Process, or the
Apparatus
365
367
368
369
678. Re-issued Patent for a Design may Embrace the same Design
and sometimes its Elements and Sub-combinations
679. Re-issued Patent for an Improvement may Embrace the same
Improvement, and sometimes the Apparatus or the Process . . 370
680. Re-issued Patent cannot Embrace Matter Expressly or Impliedly
Excluded from the Invention by the Original Patent
681. Identity of the Invention Embraced in the Re-issued Patent with
that Attempted to be Covered by the Original Patent Deter-
mined by Comparing the Respective Specifications
. . 870
372
682. Identity of Subject Matter of a Re-issued Machine-Patent, how
Determined
376
683. Identity of Subject-Matter of the Re-issued Patent, how Deter-
mined when the Invention cannot be Represented by Drawings
or Model . .
876
684. Identity of Subject-Matter of the Re-issued Patent Presumed until
the Contrary Appears: Re-issued Patent, how Construed . . . 378
§ 685. Third Proposition: Amendment by Re-issue not Permitted unless
the Imperfections in the Original Patent Arose without Fraud,
and from Inadvertence, Accident, or Mistake..
686. Re-issue not Permitted where the Defects in the Original Patent
Arose through Fraud. . .
382
. . 385
387
388
687. Re-issue not Permitted to Reject Matter Intentionally Inserted in
Original Patent, nor to Restore Matter Intentionally Excluded. 385
688. Re-issue not Permitted to Enlarge the Claims of the Original Pat-
ent by Including Matter once Intentionally Excluded. .
689. Intentional Exclusion Shown by Express Disclaimer in the Origi-
nal Patent or during the Proceedings in the Patent Office.
690. Intentional Exclusion Shown by Failure to Claim Matter Clearly
Described in the Original Patent unless the Claims are Amended
by Re-issue without Unreasonable Delay. . .
691. Intentional Exclusion not shown by Failure to Claim Matter not
Clearly Described in the Original Patent unless the Defects are
Brought to the Knowledge of the Patentee, and he thereafter
Unreasonably Delays their Amendment
. . 408
. . 393
692. Intentional Exclusion not shown by Mere Delay Alone in the
Amendment...
693. Fourth Proposition: Amendment by Re-issue, when Allowable,
may be Made in Any Form and to Any Extent Necessary to
Secure the Actual Invention
694. Single Original Patents may Re-issue in Several Divisions
695. Relation of each Re-issue Division to the Original Patent, and to
the Other Divisions
696. Re-issued Patent Supersedes the Original and Requires its Sur-
render to the Government
417
697. Surrender of the Original Patent takes Effect upon the Grant of
the Re-issued Patent .
419
698. Surrender of the Original Patent: by Whom Made
421
699. Effect of Surrender and Re-issue upon Rights Accruing under the
Original Patent . .
700. Application for Re-issue: Concurrence of the Inventor therein
Necessary, if Living . .
703. Re-issued Patent a Continuation of the Original, and Governed by
the Same Law...
704. Procedure on Applications for Re-issue: The Application
705. Procedure on Applications for Re-issue: The Oath .
429
430
706. Procedure on Applications for Re-issue: The Specification, Draw-
ings, and Model
707. Procedure on Applications for Re-issue: Filing of the Application
in the Patent Office
432
708. Procedure on Applications for Re-issue: Examination of the Ap-
plication on the Merits of the Invention
709. Procedure on Applications for Re-issue: Examination of the Appli-
cation as to the Identity of the Invention with that Described in
the Original Patent
435