Page:Federal Reporter, 1st Series, Volume 6.djvu/627

 WILSON V. COON. 616 �there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original inven- tion, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid." This enactment is the same as section 53 of act of July 8, 1870, (16 St. at Large, 205.) The word "specification," when used separately from the word "claim," in section 4916, means the entire paper referred to in section 4888, namely, the written descrip- tion of the invention, "and of the manner and process of making, constructing, compounding, and using it," and the claims made. The word "specification," meaning description and claims, is used in that sense in sections 4884, 4895, 4902, 4903, 4917, 4920, and 4922. In some cases,' as in sections 4888 and 4916, the words "specification and claim" are used, and in section 4902 the word "description" and the! word "specification" are used. But it is clear that the word "specification," when used without the word "claim," means description and claim. �Therefore a re-issue is allowed, under section 4916, when the specification is defective or insufficient in regard to either the description or the claim, or to both, to such an extent as to render the patent inoperative or invalid, if the error arose in the manner mentioned in the statute. In such case there may be a corrected specification — that is, one corrected in respect to description or claim, or both, — and there may be a new patent in accordance therewith, but the new pat- ent must be for the saine invention. This does not mean that the claim in the re-issue must be the same as th$ claim in the original. A patentee may, in the description and claim in bis original patent, erroneously set forth, as his idea of his invention, something far short of his real invention, yet his real invention may be fully described and shown in the drawings and model. Such a case is a proper one for a re-issue. A patent may be inoperative from a defective or insufficient description, because it fails to claim as much as was really invented, and yet the claim may be a valid claim, sustainable in law, and there may be a description valid and ��� �