Page:Federal Reporter, 1st Series, Volume 5.djvu/807

 pa:te«il. - *J. *;■*>! Buiàonew mattôr shall be.iiitrodmced into the apecificaCbioni kior,.in case of a m^càiiie patent, shaii ^the modei or drawings be àmended exeept each by ^the other; •But, tvbeti theïe is n'eathei? model ' nor • drawing, amendments ïaay be made upon proof satisfactory to the eommissioneî: that such new inatter or amendment ^was a part of the original invention, and was omitted from the specdûcations by inadr vertenôe, acciderit, or misteike, aa'aforasaid." ' » ■ �A caref ul > reading of ih& section sho'çvs that the commis- Bioner has power to grant a re-issue only in; special cases and bnder pa,rticular circumstances. The original patent must be inoperative or irtvalidy eitherfor defeotirp or insufficient specii ficationSjOr fromclaiming as new more than the paientee hàs the right to claitn ; and, in addition to this, the error which is sbùght to bei ôorrected must have arisen by inadvertence-, accident, or mistake, and without any f raudulent or deoeptiv)ô attention. If the party interested can bring hirnseif within these conditions and liniitations, the cohamissioner isauihor* 4zed to issue a new patent for the same invention. When the original shows upon its face fhat the grôunds and reasons'for the re-issue do not exist, or where a oomparison of the ietters patent disclose different inventions, the re-issue is void, as an act unauthorized by the law. �"What, then, wàs the error or defect in the original pateiit "which justifieBithe surrender and re-issue in the present case ? �On an examination of the letteus wô find a single claimj as foUows : "A process for; the production of indelible lettering, designs, and colored surfaces upon sheet tin or tinned sheet iron, by a combination of lithographie or plate printing, and 1;he action of hëat upon the surface of tin and upon the metal- lic colors printed on such surface of tin." Tuming from the claim to the specifications; it wiU be perceivedthat the pat- entees have used the same phraseology in deseribing the nature of their invention^ It is stated to be a process to produce indelible lettering, designs, etc., upon sheet tin by a combination of printing, and the action of heat upon the ■surface of tin, and upon the metallic colors printed on the tin. They then describe how it is to be aocomplished. "We ����