Page:United States Statutes at Large Volume 12.djvu/276

 246 THIRTY-SIXTH CONGRESS. Sess. _II. CK, 88. 1861. 18g2in;!}, the eleventh section of pho act of Eff.l1b°F;l;11S:;*y;:lg}l:)fi¤ hglfntgsd and · P- · Efty-nine excepting twe ve copies to s _ c n ry ngress for the use of the Supreme Court during its sessions; and two copies for use'd lib . milspoalof in- Siilcfoii. Eg it jiutlcer emwted, That all acts or parts of acts incon- “"““"°· sistent with the provisions hereof are hereby repealed. Approved, March 2, 1861. lhmhl, 1861. Gun. LXXXVIH.-·An An ip Additghnrlia  Act to promote the Progress of the ' 1868,eh. 102. W · _ _ _ P°'h P' 796* Be it enacted by the gmane and Hmne1qfrbRe}:»·hoaa·ét0atzvcs of the  States o America in ongress ass, at e mmissioner o at-  snd ents may establish rules for taking affidavits and depositions required in gi'?-P’l:°°:gi‘;‘K in cases pending in the Patent ‘Ol’lice, and such affidavits and deposuions mmunaomee. may be taken bgfore any Justice of time ppelace, or othterupiH:{§_r_pp(§hé>;·1a::ed by law to take epositions to be use in e courts o e nn es, or in the State courts of any State where such officer shall reside; and in any contested case pending in the Patent Office it shall be lawful for the clerk of any court of the United States for any district or Territory, and he is hereby required, upon the application of anylparty to such con- Subpmnss for tested case, or the agent or attorney of such party, to issue subpoenas for "'l“°"°'· any witnesses residing or being within the said district or Territory, commanding such witnesses to appear and testify before any justice of the peace, or other officer as aforesaid, residing within the said district or Territory, at any time and place in the subpoena to be stated ; and if any witness, after being duly served with such subpoena, shall refuse or neglect to appear, Proceedings or, after appearing, shall refuse to testify, (not being privileged from givmgw *'°‘ ing testimony,) such refusal or neglect being proved to the satisfaction of any judge of the court whose clerk shall have issued such subpoena, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience in like manner as any court of the United States may do in case of disobedience to process of subpoena ad testificandum issued by such court; and witnesses in such cases shall be allowed the PSY °*"'**·¤°'*°°· 3me oogxpensatgajp as is allowed to witnesses attending the courts of the yroviso. nited tates: ovided, That no witnesses shall be required to attend w‘°“°"°’ °°°_ at any place more than forty miles from the place where the subpcena. eomdpelled to at _ _ _ _ _ _ m gpm. shall be served upon him to give a deposition under this law: Provided,
 * 5: gantffiiul; also, That no witness shall be deemed guilty of contem t for refusing to

M dma, gmc disclose any secret invention made or owned by him: Aiid provided, jarinvention. ther, That no witness shall be deemed guilty of contempt for disobeying Tm 81 md W any subpoena directed to him by virtue of this act, unless his fees for uname, ,0 be going to, returning_from, and one day’s.attendance_at the place of examnm {paid or an- ngationbshsll be paid or tendered to hun at the time of the service of t e su puena. Sec. 2. And be it further enacted, That, for the urpose of securing greater uniformity of action in the grant and refusal otpletters-patent, there Ti!::•u¤:f•t¤:i; shall be appointed, by the President, by and with the advice and consent of
 * "p°imd_ the Senate, three examiners-in-chief, at an annual salary of three thousand

Salary. dollars each, to be composed of persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the appli- DW- cant for. that purpose being filed, to revise and determine upon the validity of decisions made by examiners when adverse to the grant of letters-patent; and also to revise and determine in like manner upon the validity of the decisions of examiners in interference eases, and when required by the Commissioner in applications for the extension of patents, and to perform such other duties as may be assigned to them by the Commissioner; that sppsns mm from their decisions appeals may be taken to the Commissioner of Patents “’°“'d°°l°*°¤'· m person, upon payment of the fee hereinafter prescribed; that the said