imens of ingredients and of the composition sufficient in quantity. for the purpose of experiment. (Ib., § 28.) The Commissioner shall cause to be classified and arranged in suitable cases, in the rooms and galleries provided for that purpose, the models, specimens of composition, fabrics, manufactures, works of art, and designs which have been or shall be deposited in said office; and said rooms and galleries shall be kept open during suitable hours for public inspection. (Act of July 8, 1870, § 13.)

127. COMMISSIONER MAY DISPENSE WITH MODEL.-An applicant, upon filing his specification and drawings, may submit to the Commissioner the question whether he shall deposit a model or specimen of his invention; otherwise a model will be required in every case, except for designs, where the nature of the invention admits of such illustration. (Patent Office Rules, July, 1870.)

128. REQUISITES OF MODEL.-The model must clearly exhibit every feature of the machine which forms the subject of a claim of invention. (Ib.)

It must be neatly and substantially made, of durable material. It should be made as small as possible, but not in any case more than one foot in length, width, or height. If made of pine or other soft wood, it should be painted, stained, or varnished. Glue must not be used, but the parts should be so connected as to resist. the action of heat or moisture. (Ib.)

A working model is always desirable, in order to enable the office fully and readily to understand the precise operation of the machine. The name of the inventor, and of the assignee, (if assigned,) and also the title of the invention, must be affixed upon it in a permanent

manner. When the invention is a composition of matter, a specimen of each of the ingredients and of the composition must accompany the application, and the name of the inventor and of the assignee (if there be one) must be permanently affixed thereto. (Ib.)

129. MODEL WILL BE RETURNED IF THE APPLICATION IS REJECTED OR ABANDONED.-The model, unless otherwise disposed of, will be returned to the applicant upon demand and at the expense of the applicant, in all cases, when an application has been rejected more than two years; and, in any pending case of less than two years' standing, upon the filing of a formal abandonment of the application, signed by applicant. (Ib.)

Models filed as exhibits, in interference and other cases, may be returned to the applicant, at the discretion of the Commissioner. (Ib.)

The Commissioner may restore to the respective applicants such of the models belonging to rejected applications as he shall not think necessary to be preserved, or he may sell or otherwise dispose of them after the application has been finally rejected for one year, paying the proceeds into the treasury, as other patent moneys are directed to be paid. (Act of July 8, 1870, § 14.)

130. MODEL AS EVIDENCE.-Under the word patent, used in reference to the description of the thing patented, is included the patent, the specification attached to it, and the model and drawing, which are to be taken together, as making up the description. (Whitney v. Emmett, Bald., 314.)

And the model may be resorted to for clearer information respecting the invention described in the specification. (Hogg v. Emerson, 6 How., 485.)

Models of machines, about which there is a question, are a kind of evidence which is entitled to the highest credibility, and which, like figures, cannot lie. (Morris v. Barrett, 1 Fish., 461.)

Evidence superior to and unaffected by the interest or prejudice of partisans, or by the opinions (the reveries they may often be called) of experts. (Mc Cormick v. Talcott, 20 How., 409.)

SEC.

VII. Oath of Applicant.

SEC.

131. To what applicant is to make 136. Papers not to be sworn to in

131. TO WHAT APPLICANT IS TO MAKE OATH.-The applicant shall make oath or affirmation that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shall state of what country he is a citizen. (Act of July 8, 1870, § 30.)

The applicant is not required to make oath or affirmation that he is the original and first inventor, but that he believes himself to be so. He cannot know absolutely whether he first invented or discovered the thing for

which he claims a patent, but he may believe that he did; and it is only when he is willing to make oath that he so believes that the law grants him a patent. (Curtis on Patents, § 273.)

132. OATH WHEN INVENTION HAS BEEN PATENTED ABROAD. When application is made for a patent for an invention which has been already patented abroad, the inventor will be required to make oath that, according to the best of his knowledge and belief, the same has not been in public use in the United States for more than two years prior to the application in this country. (Patent Office Rules, July, 1870.)

133. OATH BY ADMINISTRATOR OR EXECUTOR APPLYING.-When the application shall be made by legal representatives, the oath or affirmation required to be made shall be so varied in form that it could be made by them. (Act of July 8, 1870, § 34.)

134. OATH IN CASES OF ASSIGNMENT BEFORE PATENT OR REISSUE OF A PATENT.-Patents may be granted and issued or reissued to the assignee of the inventor or discoverer, the assignment thereof being first entered of record in the Patent Office; but in such case the application for the patent shall be made and the specification sworn to by the inventor or discoverer; and also, if he be living, in case of an application for reissue. (Ib., § 33.)

135. BEFORE WHOM OATH MAY BE TAKEN.-The oath or affirmation may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, chargé d'affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign

country in which the applicant may be. (Act of July 8, 1870, § 30.) The oath being attested in all cases, in this and other countries, by the proper official seal of such notary. (Patent Office Rules, July, 1870.)

Where an act of Congress requires an oath to be administered, such oath, under the usage of a department, may be administered by a State officer having the power to administer oaths. (9 Pet., 238; United States v. Winchester, 2 McLean, 135.)

In all cases in which, under the laws of the United States, oaths or affirmations may be made before a justice of the peace, they may be made before any notary public, and, when certified under his hand and seal, shall have the same effect as if made before such justice. (Act of September 16, 1850, § 1; 9 Statutes at Large, 458.)

A seal of a notary may be an impression made by the seal on paper, without wax or any other tenacious substance. (Orr v. Lacy, 4 McLean, 243.)

The seal of a notary is recognized in all countries where the law merchant prevails, and it is only necessary that it should conform to the law of the place where the notary acts. (Ib.)

Commissioners appointed by any circuit court of the United States may administer oaths in all cases in which, under the laws of the United States, oaths may be made before any justice of the peace or notary public. (Act of September 16, 1850, § 1; 9 Statutes at Large, 458.)

136. AN APPLICATION WILL BE REJECTED IN WHICH THE SPECIFICATION IS MADE OUT ON PAPERS WHICH HAVE BEEN SIGNED AND SWORN TO IN BLANK.-In the case of Reed v. Roberts, the Commissioner says: "There is reason to believe that the practice of forwarding to clients, to