be, the established practice of the Patent Office under it is thus stated in the Commissioner's decision: The question whether or not a supplemental oath should be required has been uniformly held by this Office to be an ex parte matter upon which the proper determination of priority is not dependent. In support of this view a number of former Office decisions are cited. Were we to hold that the practice is unwarranted, we would not be justified in awarding priority to the appellant because of the allowance of the amended application without a supplemental oath. The most that we could do, under such circumstances, would be to reverse and remand the proceeding in order that a supplemental oath might be made and the matter renewed. It may be that the Office regards the failure to require the supplemental oath under Rule 48, as an irregularity merely, that is cured by the allowance of the amended application, or, as intimated in the decision of the Examiners-inChief, that the oath to the preliminary statement to the effect that the applicant is the inventor of the subject-matter of the counts, is sufficient for the purpose. At any rate, as no substantial right of the appellant has been affected, we will not undertake to review the exercise of discretion by the Commissioner in regulating the practice of the Patent Office. (In re Marshutz, C. D., 1898, 587; 85 O. G., 778; 13 App. D. C., 228, 236; In re Frasch, C. D., 1902, 560; 100 O. G., 1977; 20 App. D. C., 298, 301.) We are of the opinion that priority was rightly awarded to the appellee, and the decision will be affirmed. The clerk will certify this opinion to the Commissioner of Patents. Affirmed. [Court of Appeals of the District of Columbia.] HOPKINS v. NEWMAN. Decided February 18, 1908. (134 O. G., 2028; 30 App. D. C., 402.) INTERFERENCE-PRIORITY-RIGHT TO MAKE CLAIMS. The original specification of N.'s application relating to combined typewriting and adding machines did not describe the adding-machines, but stated that the invention was illustrated "in connection with an addingmachine of the class known as 'registering accountants,'" and only the case and a few minor elements thereof were shown in the drawings. Held, that in view of the evidence showing that such term referred to a wellknown construction, and that such construction was the only one on the market which had the distinctive appearance illustrated in the drawing, N. had the right to make claims to a combination including specific elements of such adding-machine. Mr. T. A. Banning and Mr. George R. Hamlin for the appellant. Mr. Edward Rector, Mr. S. E. Hibben, and Mr. F. P. Davis for the appellee. SHEPARD, C. J.: This is an interference proceeding (C. D., 1907, 356; 131 O. G., 1161) the issue of which is contained in thirteen counts, as follows: 1. In an adding-machine, a platen, type-carriers, type mounted in frames on the carriers, devices for operating the carriers adjacent to the platen, hammers for driving the type against the platen to print numbers, and mechanism operable to accumulate the numbers so printed, in combination with mechanism operable to print any desired words on the platen in alinement with the printed numbers. 2. In an adding and writing machine, a platen, mechanism operable to print any desired words thereon, type-carriers movable adjacent to the platen, movable type carried by said carriers, hammers for driving the type against the platen to print in alinement with the words, and devices operable to rotate the platen when the type-carriers operate. 3. In an adding and writing machine, a platen, type-writing mechanism operable to print any desired words thereon, devices carrying movable type for printing numbers, means for moving said devices adjacent to the said platen, hammers mounted in position to drive the type against the platen, and means for striking the hammers against the type when the type has been positioned for printing. 4. In an adding and writing machine, a platen, movable devices carrying type, and hammers for driving the type to record on the said platen, in combination with type-bars, and keys for operating them to print on the platen aforesaid. 5. The combination of the platen, type-writing mechanism operable to print any desired words thereon, devices independent of the type-writing mechanism movable adjacent to the said platen, type carried by said devices, and hammers for driving the type against the platen aforesaid. 6. In an adding and writing machine, word-printing mechanism having a platen, type-carriers separate from the word-printing mechanism, and hammers for driving the type in the carriers to print on the platen aforesaid. 7. In an adding and writing machine, word-printing mechanism having a platen, type-carriers separate from the word-printing mechanism; type in said carriers, hammers for driving the type to print on the platen aforesaid, and devices for drawing the hammers away from the type after operation. 8. In an adding and writing machine, word-printing mechanism having a platen, type-carriers separate from the word-printing mechanism, devices for operating the type-carriers, hammers for driving the type to print numbers on the platen aforesaid and totalizing mechanism operable to totalize the numbers so printed. 9. In an adding and writing machine, the combination with the word-printing mechanism having a platen arranged to carry paper, of devices carrying type independent of the word-printing mechanism, means for moving said devices toward the platen as required for printing numbers thereon, means for printing the number by use of the type after said devices have been so moved, and a totalizer operable to add the numbers as printed. 10. In an adding and writing machine, the combination with the word-printing mechanism having a platen arranged to carry paper, of devices carrying type independent of the word-printing mechanism, means for moving said devices to printing-position adjacent to the platen as required for printing numbers, means for recording after said devices stop adjacent to the platen, a totalizer, and means for operating the same after each number has been recorded. 11. The combination with word-printing mechanism having a platen arranged to carry paper, of type-carriers separate from the word-printing mechanism, a series of relatively movable types carried by each type-carrier, means for moving the type-carriers toward the platen, stops to limit movement of the typecarriers, and hammers for driving the type to print. 12. The combination with word-printing mechanism having a platen arranged to carry paper, of devices carrying type independent of the word-printing mechanism, means for alining any desired type carried by the said devices adjacent to the platen aforesaid, means for driving the type so alined against the said platen to print, and automatic means for rotating the platen after the type has been driven to print. 13. In a machine of the character described, word-printing mechanism having a platen arranged to carry paper, adding mechanism, type-carriers separate from the word-printing mechanism, a series of relatively movable type carried by each of said type-carriers, means for alining any desired type on the typecarriers adjacent to the platen aforesaid, means for driving the type so alined against the said platen to print numbers, and means for operating the adding mechanism to add the numbers so printed. Type-writing, and adding machines had long been in separate use before the conception of the invention of the issue which consists in combining the two without introducing any novel elements into either. The old elements of the adding-machine operate in the combined machine in the same way and perform the same functions as when operated separately. The adding-machine used by Newman is described as the "Registering Accountant," that had been invented, patented, and put into general commercial use by Burroughs. It is of the class that prints the numbers added together, and also prints the total upon a sheet of paper carried upon a platen or roller similar to that used in the ordinary type-writers. The combination of the two machines is effected by arranging a single platen or roller to coöperate with the printing mechanisms of both the type-writing and the adding machine. Newman's combination consists in placing the typewriting and the adding machine side by side, and providing suitable means for conducting the platen or roller from a position where it coöperates with the printing mechanism of the type-writing machine to a position where it coöperates with the printing mechanism of the adding-machine. As described by Newman: In the combined type-writing and adding machine, the same carriage or platen suffices for both machines, the carriage of the adding machine being removed when the type-writing machine is connected up or combined with it. He states that one of the objects of his invention is: To provide type-writing mechanism and special means for combining such mechanism with such an addding-machine, whereby, when the two machines are conJointly operated, the whole of a bill, statement, pay-roll, etc., except the column of numbers to be added and the total thereof, will be printed by the type-writing mechanism while the adding-machine will perform in full the same work for which it is intended when it is to be operated independently. In Hopkins's combination, the two mechanisms are not fused together as contended; but the type-writing mechanism is superimposed upon the adding mechanism. Notwithstanding the difference between the two structures in this respect, the purpose and result are substantially the same. In both, the two mechanisms operate independently of each other and are brought into coöperative relationship by the platen or roller. Some of the claims of the issue specify that the type-carriers are separate from the word-printing mechanism. And Hopkins stated one of the objects of his mechanism to be to produce an adding and writing machine, the two departments of which are conjointly or separately operable, for the purpose of printing either joint or independent records. By means of the combination of the issue it is made possible to write and foot up a bill or statement of account by the mechanical operation of printing the several items of the same on the type-writing machine, and printing and adding the figures upon the addingmachine, with the coöperation of a single platen or roller. Newman's application was filed February 7, 1901, and that of Hopkins January 24, 1903; and it appears that a former interference had been declared between them. The issue of that interference is defined in the three following counts: 1. The combination with a type-writing mechanism and an adding mechanism, of a paper-carriage, a roller or platen thereon arranged to feed a sheet of paper to both mechanisms, and means for rotating the roller operated by a part of the adding-machine. 2. The combination with a type-writing mechanism, and an adding mechanism, of a paper-carriage, a roller or platen thereon arranged to feed a sheet of paper to both mechanisms, and means for rotating the roller operated by a part of the adding mechanism or manually as desired. 3. The combination with a type-writing mechanism, and an adding mechanism, of a paper-carriage, a roller or platen thereon arranged to feed a sheet of paper to both mechanisms, manually-operated mechanism for rotating the roller, and automatic means for rotating the roller at the end of each line of printing. Hopkins failed to file the preliminary statement required, and a decision was rendered in favor of Newman. Thereafter, the Primary Examiner rejected ten claims of Hopkins that were in his application at the time of the declaration of this first interference, and the three new claims added subsequently, on the ground that they were all readable on the structure disclosed in Newman's application, and therefore concluded by the former adjudication. This objection was afterward withdrawn, the claims allowed, and the present interference declared. Hopkins moved to dissolve this second interference on the two grounds that there was no interference in fact, and that Newman had no right to make the claims. Newman also moved to dissolve on the grounds that Hopkins had no right to make the claims, and that the question of priority was res adjudicata. Both motions were denied by the Primary Examiner. Newman took no testimony as to date of conception and reduction to practice but relied on the filing date of his application therefor. In a lengthy and well-considered decision, the Examiner of Interferences awarded priority to Newman. He held that Newman had the right to make the claims, was the first to conceive the invention, and also that the question of priority was settled by the former decision. The same conclusions were reached by the Examiners-inChief, and the Commissioner in turn, and the decision in favor of Newman was affirmed. The contention that Newman had no right to make the claims of the issue, is founded on the fact that his application did not disclose certain elements of the adding-machine recited in the counts thereof. This was overruled by the Primary Examiner, and, as we have seen, by each tribunal of the Office. It is true that the Newman application does not specifically describe certain elements of the adding-machine that are recited in the claims of the issue. His drawing and specification show a typewriting and adding machine placed side by side, with suitable means for adapting a single platen to coöperate with the printing mechanism of each machine. The printing mechanism of the type-writer is shown in the drawing and described together with the mechanism for actuating and controlling the movement of the platen. The drawing shows only the case and a few minor elements of the addingmachine. The application to which this drawing is attached contains, among others, the following statements: My invention relates to combined type-writing and adding machines and has for its object to provide type-writing mechanism and improved means for combining the same with adding mechanism. 66 In the present embodiment of my invention I have illustrated it in connection with an adding-machine of the class known as Registering Accountants" and a special object of the present invention is to provide means whereby typewriting mechanism may be combined with such an adding-machine. As is well known to those skilled in the art, adding-machines of the class mentioned are provided with keyboards and in their operation they print the several numbers to be added as well as the sums of said numbers. 66 In the first action taken in the Office on Newman's application, he was requested by the Examiner in charge to state the name of the patentee of the adding-machine which he had referred to as the Registering Accountant." He responded with an amendment stating that the machine was one that had been patented to Burroughs, No. 504,963, on September 12, 1893. No further identification or description was called for. The Burroughs patent and machine, so |