day of 18 before the subscriber, a , person On this ally appeared the within-named A. B., and made solemn oath [or, affirmation] that he verily believes himself to be the original and first inventor, or producer, of the design for and that he does not know or believe that the same was ever before known or used, and that he is a citizen of the United States. [Signature of officer.] 1128. Oath to Latter Petition, by an Alien who has Taken Steps to Become a Citizen. [As in the preceding form to the *, continuing thus:] a native of the kingdom of ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. [Signature of officer.] 1129. Amendments to Specification.(ƒ) I hereby amend my specification by inserting the following words after in the line of the the word the words that are to be inserted]. (f) The applicant for a patent has a right to amend his application of course, after the first rejection, and he may amend after the second, if the examiner therein present any new references; and after a second rejection, and before appeal to the examiner-in-chief, the applicant may draw up special amendments, and present the same to the commissioner, together with an affidavit showing good cause why the amendments were not sooner offered, whereupon the commissioner may in his discretion grant leave to make such special amendinents, and allow a reconsideration. After an appeal to the examiners-in-chief no amendment or alteration is allowed, nor are amendments allowed after a patent has been ordered to issue. All amendments of specifications or claims are required to be made on separate sheets of paper from the original. When amendments are required, the page thereof [here supply papers themselves are generally returned by the office to the applicant; but it is only to enable him to make those amendments, so as to be in harmony with the context. Even when the amendineut consists in striking out a portion of the specification, or other paper, the same course should be observed. The rules of the office forbid any erasures to be made. The papers are required to remain forever just as they were when filed, so that a true history of all that has been done in the case may be gathered from them. Where papers are sent to the applicant for amendment, the original papers must in all cases be returned to the office for preservation, together with the amendments. In some cases, amendments will be permitted to be made by writing out the entire paper anew; but even when this is done, the original paper must be returned and preserved. Appeal. Surrender for Reissue. Or, I hereby amend my specification by striking out the line of the page thereof, or, by striking out the first and fourth claims appended thereto [or otherwise state whatever may be the amendment desired by the applicant.] [Signatures of two witnesses.] A. B. 1130. Appeal to Examiners-in-Chief, from Decision Rejecting Application.(g) To the commissioner of patents: SIR-In conformity with section third of the act of Congress, dated 2d March, 1861, I hereby make application for an appeal from the decision of the principal examiner, in the matter of my application for a patent for an improvement in [describe invention], rejected a second time on the day 18 and request that the same may be heard by the examiners Respectfully, 1131. Surrender of a Patent for Reissue. (h) To the commissioner of patents: The petition of A. B., of the town [or, city] of respectfully represents: A. B. in the county of That he did obtain letters patent of the United States for an improvement in the boilers of steam-engines, which letters patent are dated on the (g) If the examiners-in-chief confirm the rejection of the application, the case may be brought before the commissioner in person, upon a written request to that effect, and upon the payment of the fee required by law (thirty dollars). If his decision is adverse, a final appeal in certain cases is allowed by law to the Supreme Court of the District of Columbia. The mode of appeal from the decision of the office to the Supreme Court of the District of Columbia is by giving written notice thereof to the commissioner, filing in the Patent Office, within such time as the commissioner shall appoint, reasons of appeal, and paying to him the sum of twenty-five dollars. Printed forms of notice of appeal, of the reasons of appeal, and the petition, and copies of the rules of the Supreme Court of the District of Columbia will be forwarded, by the Patent Office, to the party, on request. (h) Patents which are found to be invalid by reason of insufficiency or defects in the specification, are allowed to be reissued, the error being corrected under section 13 of the act of Congress of 1836, as amended subsequently by making the fee to be paid thirty dollars instead of fifteen. It provides that whenever any patent shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification, as his own invention, more than he had a right to claim as new, if the error has or shall have arisen by inadvertency, accident or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the commissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen [thirty] dollars, to cause a new patent to be issued to the said inventor for the same invention, for the residue of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected description and specification. And in case of his death or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators or assignees. And the patent so reissued, together with the corrected description and specifications, shall have the same effect and operation Oath. Disclaimer. 1st day of March, 1850; that he now believes that the same is inoperative and invalid by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender the same, and requests that new letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented, he having paid thirty dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made ⚫ and provided. STATE OF 1132. Oath to Application for a Reissue. [City and] County of day of 18 before the subscriber, a A. B. On this , personally appeared the above-named A. B., and made solemn oath [or, affirmation] that he verily believes that, by reason of an insufficient or defective specification, his aforesaid patent is not fully valid and available to him; and that the said error has arisen from inadvertence, accident or mistake, and without any fraudulent or deceptive intention, to the best of his knowledge or belief. [Signature of officer.] 1133. Disclaimer; By an Assignee.(i) To the commissioner of patents: The petition of A. B., of the town [or, city] of and State of respectfully represents: of That he has, by assignment, duly recorded in the Patent Office, become in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the original patent. The general rule is, that whatever is really embraced in the original invention, and so described or shown that it might have been embraced in the original patent, may be the subject of a reissue. Reissued patents expire at the same time that the original patent would have done. For this reason applications for reissue are acted upon in the Patent Office immediately after they are completed. A patentee may, at his option, have in his reissue a separate patent for each distinct part of the invention comprehended in his original application, by paying the required fee in each case, and complying with the other requirements of the law, as in original applications. Each division of a reissue constitutes the subject of a separate specification descriptive of the part or parts of the invention claimed in such division; and the drawing may represent only such part or parts. One or more divisions of a reissue may be granted, though other divisions shall have been postponed or rejected. In all cases of applications for reissues the original claim is subject to re-examination, and may be revised and restricted in the same manner as in original applications. But in all such cases, after the action of the Patent Office has been made known to the applicant, if he prefers the patent originally granted to that which will be allowed by the decision of the office, he has the privilege of abandoning the latter and retaining the old patent. (i) Section 7 of the act of Congress of March 3, 1887, enables a patentee, or the executors, or administrators or assignees L Caveat. dated on the day of the owner of a right for the several States of Massachusetts, Connecticut 1134. Caveat. To the commissioner of patents: The petition of A. B., of the town [or, city] of and State of , respectfully represents: of That he has made certain improvements in the mode of constructing the boilers for steam-engines, and that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters patent therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in the confidential archives of the Patent Office, agreeably to the provisions of the act of Congress in that case made and provided; he having paid ten dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. [Date.] of a patentee, whether owning the whole A. B. by one or more witnesses, and recorded in the Patent Office and a fee of ten dollars paid. Such disclaimer shall thereafter be considered as part of the original specification, to the extent of the interest possessed in the patent by the disclaimant, subsequent to the record thereof. But it does not 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. The above form may easily be modified to adapt it to the case of a disclaimer by the original patentee. Deposition. and [Annex a general description of the nature and peculiarities of the inven tion, (j) as far as it has been perfected; also oath of inventor substantially as in Forms that the applicant believes himself to be the original inventor of the art, machine or improvement set forth in his caveat, and either that he is a citizen of the United States or is a native of and has resided for the year last past within the United States, and has made oath of his intention to become a citizen.] 1135. Deposition ;(k). To be Used in Contested Cases in the Patent Office. In the matter of the interference of A. B. with Y. Z. M. N., being duly sworn, doth depose and say, in answer to interrogatories proposed to him by O. P., counsel for A. B., as follows-viz.: (j) The description is not required to possess the fulness and accuracy of a specification; but should be as complete as the progress made by the inventor admits. It is desirable that it should be accompanied by drawings. (k) When, in anticipation of the hearing of a question of interference between two claimants to a patent for the same invention, or in any other contested question, before the commissioner of patents, the nature of the case demands that the testimony of witnesses be taken by deposition, the following rules, prescribed by the office, apply. Before the deposition of a witness or witnesses be taken by either party, reasonable notice in writing must be given to the opposite party of the time and place when and where such deposition or depositions will be taken, so that the opposite party, either in person or by attorney, shall have full opportunity to cross-examine the witness or witnesses. No peculiarities of form in the notice are required; it must give reasonable information of what is intended. The ordinary forms used in proceedings in courts of justice of giving notice that a deposition will be taken, may be followed, designating the proceeding in which the deposition is to be used, correctly. The notice, with a certificate duly sworn to, stating the manner and time of the service, must be attached to the deposition or deposi tions, whether the party cross-examine or not; and the notice must be given in sufficient time for the appearance of the opposite party, and for the transmission of the evidence to the Patent Office before the day of hearing. The evidence, etc., must be sealed and addressed to the commissioner of patents by the persons before whom it shall be taken; and so certified thereon substantially as in Form 1136 in the text. No evidence touching the matter at issue will be considered upon the day of hearing which shall not have been taken and filed in compliance with these rules: Provided, That if either party is unable, for good and sufficient reasons, to procure the testimony of a witness or witnesses within the stipulated time, then it is the duty of such party to give notice of the same to the commissioner of patents, accompanied by statements, under oath, of the cause of such inability, and of the names of such witnesses, and of the facts expected to be proved by them, and of the steps which have been taken to procure said testimony, and of the time or times when efforts have been made to procure it; which last-mentioned notice to the commissioner must be received by him previous to the day of hearing. The notice for taking testimony must be served by delivering to the adverse party a copy. If he is not found, service may be made upon his agent or attorney |