Appeal to exam- 46. Every applicant for a patent or the re iners-in-chief. issue of a patent, any of the claims of which 2 Mar., 1861, ch. 246. 88, 2, v. 12, p. have been twice rejected, and every party to 3 Mar., 1837, ch. an interference, may appeal from the decision 45, 28, v. 5, p. 193. 27 June, 186, of the primary examiner, or of the examiner ch. 143, 1, v. 14, pp. 76, 77. in charge of interference, in such case to the board of examiners-in-chief, having once paid the fee for such appeal provided by law. 47. If such party is dissatisfied with the decision of the examiners-in-chief, he may, 88. 2, v. 12, p. on payment of the duty required by law, appeal to the Commissioner in person. Appeal to Commissioner. 2 Mar., 1861, ch. 246. Appeal to 81 preme court of lumbia. 48. If such party, except a party to an inDistrict of Co- terference, is dissatisfied with the decision of the Commissioner, he may appeal to the 88, 22 10, 11, v. 5, supreme court of the District of Columbia 30 Aug. 1852, ch. sitting in banc. 3 Mar., 1839, ch. pp. 354, 355. 107, 1, v. 10, p. 75. When to court; duty of appellant. 88,2 11, v. 5, pp. 354, 355. 49. When an appeal is taken to the supreme court of the District of Columbia, the 3 Mar., 1839, ch. appellant shall give notice thereof to the Commissioner, and file in the Patent Office, within such time as the Commissioner shall appoint, his reasons of appeal, specifically set forth in writing. Duty of court. 357, 12, v. 5, p. 121. 3 Mar., 1839, ch. 354, 355. 50. It shall be the duty of said court, on 4 July, 1836. ch. petition, to hear and determine such appeal, and to revise the decision appealed from in a 8. & 11, v. 5, PP. summary way, on the evidence produced be1852, fore the Commissioner, at such early and convenient time as the court may appoint, notifying the Commissioner of the time and place of hearing; and the revision shall be 30 Aug. ch. 107, 1, 2, v. 10, p. 75. Duty of appellant sioner. and Commis confined to the points set forth in the reasons 52. Whenever a patent on application is refused, for any reason whatever, either by the Commissioner or by the supreme court of the District of Columbia upon appeal from the Commissioner, the applicant may have 3 Mar., 1839, ch. 88,2 11, v. 5, pp. Bill in equity. 3 Mar., 1839, eh. 88,2 10. 2 Fish., 83. Reissues. 357,2 13, v. 5. p. 122. 45, 8, v. 5, p. 193. 6 Pet., 242. 7 Pet.. 314. 14 Pet.. 462. 2 Story, 439. 3 Story, 744, 753. 1 Sumin., 488. 4 How., 402, 688. remedy by bill in equity; and the court having cognizance thereof, on notice to adverse. parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the Commissioner to issue such patent, on the applicant filing in the Patent Office a copy of the adjudication, and otherwise complying with the requisitions of law. And in all cases where there is no opposing party a copy of the bill shall be served on the Commissioner, and all expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not. 53. Whenever any patent is inoperative or 4 July, 1836, ch. invalid, by reason of a defective or insuffi3 Mar., 1837, ch. cient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraud15 How., 112, ulent or deceptive intention, the Commis17 How., 83. sioner shall, on the surrender of such patent Wood. & Min., and the payment of the duty required by 1 Blatchf., 169. law, cause a new patent for the same invention, and in accordance with the corrected 2 McLean, 37, specifications, to be issued to the patentee, 5 McLean, 166. Or, in the case of his death or assignment of 220. 3 Wood. & Min., 126. 1 262, 302. 2 Wood. & Min., 138. 2 Wall., jr., 102. 176. the whole or any undivided part of the original patent, to his executors, administrators, or assigns, for the unexpired part of the term of the original patent, the surrender of which shall take effect upon the issue of the amended patent; and the Commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued letters patent. And the specification and claim in. every such case shall be subject to revision. and restriction in the same manner as original applications are. And the patent so reissued, together with the corrected specification, shall have the effect and operation in law, on the trial of all actions for causes thereafter arising, as though the same had been originally filed in such corrected form; but no new matter shall be introduced into the specification, nor, in case of a machine patent, shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the Commissioner that such new matter or amendment was part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid. 54. Whenever, through inadvertence, acci- Disclaimers. 45. 22 7. 9, v. 5, pp. 193, 194. 44. Bald., 313. 1 Story, 294, 600. 5 Denio, 318. 413. 1 Blatchf., 245, 450, 461. 3 Blatchf, 199. 14 How., 221. 15 How., 121. 19 How., 106. 20 How.. 387. 3 Fish., 197. 3 Fish., 400. 3 Mar., 1837, ch. dent, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the 3 McLean, 319, original or first inventor or discoverer, his McLean. 56. patent shall be valid for all that part which 2 Whar. Dig, is truly and justly his own, provided the same is a material or substantial part of the 2 Biatchf. 198. thing patented; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, on payment of the duty required by law, make disclaimer of such parts of the thing patented as he shall not choose to claim or to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; said disclaimer shall be in writing, attested by one or more witnesses, and recorded in the Patent Office, and it shall thereafter be considered as part of the original specification to the extent of the interest possessed by the claimant and by those claiming under him after the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing it. Actions where cognizable. 55. All actions, suits, controversies, and 4 July, 196, ch cases arising under the patent laws of the 357, § 17, v. 5. p. 124. United States shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, or any district court having the powers and jurisdiction of 1 Blatchf., €39. Cranch, 1 Gail., 430. 4 Mass., 15. 327. 4 Wash, 584. 2 Paine, 246. |