Page:Federal Reporter, 1st Series, Volume 6.djvu/626

 014 FEDERAL ftEPOBTEB. �and graduated bands that extead along the top or body of the collar from the center, or any other point between the eenter and ends thereof, to and beyond the ends of the collar, and having the rear button-hole placed above the band or bind- ing into the top or body of the collar, substantially as shown and described." �The claim of the original patent was as follows: "A col- lar, A, having sectional bands, B, starting from the center of the collar, or any point between the center and ends thereof, and continuing with a graduated curve to and beyond the ends of the same, substantially as described and shown, and for the purpose set for th." �It is contended for the defendants that the re-issued pat- ent is void because the original patent was valid and oper- •itive, find because it contains new matter, and entirely changes the charauter of invention set forth in the original patent, and because the re-issued patent was intended to cover a different collar from that originally invented. This re-issue was granted uuder section 4916 of the Eevised Stat- utes, which provides as follows: "Whenever any patent is inoperative or invalid, by reason of a defective or insufficient 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 bas arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive inten- tion, the commissioner shall, on the surrender of such patent, and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be issued. • * » The specifi- cations and claim in every such case shall be subject to revision and restriction in the same manner as original applications are. Every patent so re-issned, together with the corrected specification, shall have the same effect and opera- tion in law, on the trial of ail actions for causes thereafter arising, as if the same had been originally filed in such cor- rected form ; but no new matter shall be introduced into the specification, nor, in case of a machine patent, shall the model or drawiiigs be ameuded, except each by the other ; but, when ��� �