cant for royalties. After this it became impossible for applicant to do anything with the invention. She wrote to various manufacturers and made personal application to others, but found them unwilling to make arrangement to pay royalties, or to use the invention in any way, unless she would sell the patent, including the extension, for a nominal sum. She states, however, that she has at length succeeded in perfecting an agreement with Merriam & Co., of Syracuse, New York, conditioned upon the extension, whereby the said firm agreed to manufacture the patented machines, and to pay her a royalty of three dollars upon each one made. Aside from the interest so vested in Merriam & Co., the entire interest in the extension remains vested in her, and she has made no assignment, contract, or agreement of any kind for the sale or assignment of the extended term to any person whatsoever. Owing to the destruction of Mr. Forrester's books in the fire, it is impossible to prepare an accurate account of receipts and expenditures, but the following is believed to be as correct as it was possible to make it Receipts. From profits from business, (for particulars of which see Sched- From royalties from Weakly & Co., (for details of which see $1,236 00 2,341 50 250 00 From sale of shop right to Brown & Jones, Penn Yan, N. Y...... The invention is exceedingly useful, as will be abundantly proved by the testimony. It is believed, if properly understood and appreciated, that it would now be incorporated in at least 50,000 mowing machines. Its value may be fairly fixed at the price which manufacturers have agreed to pay for it, which is three dollars per machine. If this estimate is even approximately correct, it is evident that the public have been greatly benefited; while the fact that Mr. Forrester invested his entire time and means, and finally lost his life in the prosecution of his invention, is respectfully offered as proof that he has not been adequately remunerated for his time, ingenuity, and expense bestowed upon this invention, and the introduction thereof into use. Respectfully submitted, FANNY FORRESTER, 409. OATH BY PATENTEE. STATE OF NEW YORK, County of Ontario, Edward Monroe, the above-named applicant, being duly sworn, (or affirmed,) deposes and says that the foregoing statement and account by him signed is correct and true in all respects and particulars, to the best of his knowledge and belief. EDWARD MONROE. Sworn to and subscribed before me this 1st day of November, A. D. 1868. PAUL PLACID, Justice of the Peace. Roger Bacon, executor of the last will and testament of Simon Newcome, deceased, being duly sworn, (or affirmed,) deposes and says that the foregoing statement and account by him subscribed is correct and true in all respects and particulars, to the best of his information, knowledge, and belief. ROGER BACON, Executor, &c. Sworn to and subscribed before me this 20th day of May, 1869. WILLIAM BLACKSTONE, U. S. Commissioner for the Northern District of Ohio. 411. REASONS OF OPPOSITION TO AN EXTENSION, (BY INDIVIDUALS.)— In the matter of the application of Peter Prolong, for an extension of letters patent for improvements in sewing machines, No. 12,213, dated May 15, 1855. To the Commissioner of Patents: We wish to oppose the application above referred to, for the following reasons, viz: First. Applicant was not the original and first inventor of the improvement claimed by him in said letters patent. Second. If said alleged invention was ever made by applicant, which we deny, it is not useful. Third. Said invention is not valuable and important to the public. Fourth. Applicant has been adequately remunerated for his time, ingenuity, and expense in originating and perfecting his alleged invention. Fifth. Applicant has not used due diligence in introducing his alleged invention into general use. Sixth. Applicant has assigned to other parties all interest in the extension, and the extension, if granted, would not be for his benefit. (See assignment to Veteran Grimes, dated April 1, 1864; recorded June 2, 1864, in liber J1o, p. 217.) Seventh. The statement and account filed by applicant do not present a true statement of his receipts and expenditures. PAWTUCKET, RHODE ISLAND, July 19, 1869. DANIEL DRIVER. 412. REASONS OF OPPOSITION TO AN EXTENSION, (BY A CORPORATION.)— In the matter of the application of Timothy Twist, for an extension of letters patent for improvements in process for dressing thread, No. 13,119, dated May 19, 1855. To the Commissioner of Patents: The Growler Mills, a corporation established under the laws of Massachusetts, doing business at Fall River, Massachusetts, hereby gives notice of intention to oppose the application above referred to, for the following reasons, viz: First. This company is extensively engaged in the manufacture and sale of sewing thread of the various kinds in general use, having large sums of money invested in business. It has been accustomed to dress thread by sizing and brushing, in substantially the same manner as warps and thread have been dressed and finished for many years, in the full belief that such process is neither new nor patentable. The said manufacture has been carried on for more than three years, with the knowledge and consent of said Timothy Twist, and without any claim to royalty or other compensation on his part, or pretense that he was the inventor of the said process. Within the past six months, however, he has threatened this corporation with an action for damages, unless an exorbitant sum of money were paid to him. Second. Said letters patent are valid neither in law nor in fact; the alleged invention is not valuable and important to the public, and an extension would result in the prolongation of a vexatious and unfounded claim, which would compel a resort to litigation to prove the utter worthlessness of said patent. This corporation is ready to substantiate by evidence these reasons of objection. And said corporation hereby appoints Messrs. Morehead & Newton, of Fall River, Massachusetts, its attorneys and counsel, with full power to represent said corporation in all matters relating to said proposed extension. Witness the seal of said corporation and the signature of its president, at Fall River, Massachusetts, this 3d day of April, A. D. 1869. [SEAL.] [50-cent revenue stamp.] THE GROWLER MILLS. By RODERICK RITTENHOUSE, President. The applicant for extension is required to forward to the Commissioner the original patent. If the patent has been lost or destroyed, the applicant should forward a statement, under oath, of the following form: 413. OATH TO THE LOSS OF LETTERS PATENT. STATE OF MASSACHUSETTS, County of Suffolk. Charles Careful, of said county, being duly sworn, doth depose and say, that he is administrator of the estate of Henry Miner, deceased, late of Boston, in said county; that the letters patent No. 12,219, granted to said Henry Miner, and bearing date on the 9th day of January, A. D. 1855, have been lost or destroyed, as he verily believes; that he has made diligent search for the said letters patent in all places where the same would probably be found, if existing, and especially among the papers of the decedent; and that he has not been able to find said letters patent. CHARLES CAREFUL, Administrator, &c. Subscribed and sworn to before me this 5th day of October, 1868. PETER PLACID, Justice of the Peace. 414. FORM OF CERTIFICATE OF EXTENSION. Whereas, upon the petition of A. W., of Auburn, in the State of New York, for the extension of the patent granted to him December 6, 1869, and reissued to him the fourth day of January, 1870, the undersigned, in accordance with the act of Congress approved the eighth day of July, 1870, entitled "An act to revise, consolidate, and amend the statutes relating to patents and copyrights," did, on this twelfth day of October, 1870, decide that said patent ought to be extended: Now, therefore, I, Samuel S. Fisher, Commissioner of Patents, by virtue of the power vested in me by said act of Congress, do renew and extend the said patent, and certify that the same is hereby extended for the term of seven years from and after the expiration of the first term, viz, from the fifth day of December, 1868, which certificate being duly entered of record in the Patent Office, the said patent has now the same effect in law as though the same had been originally granted for the term of twenty-one years. In testimony whereof I have caused the seal of the Patent Office to be hereunto affixed this fourth day of December, 1868, and of the independence of the United States the ninety-third. [SEAL.] SAM'L S. FISHER, Commissioner SEC. XXIII. Disclaimer. SEC. 415. When disclaimer may be filed; 418. Rights of grantees. requisites. 416. Action for infringement prior to disclaimer. 419. Owner of sectional interest may disclaim. 420. Delay in filing. 417. What should be set forth; 421. Effect of disclaimer. when necessary. 422. Form of disclaimer. 415. WHEN DISCLAIMER MAY BE FILED; REQUISITES. Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer, his patent shall be valid for all that part which is truly and justly his own, provided the same is a material or substantial part of the 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, |