Page:United States Statutes at Large Volume 16.djvu/238

 204 FORTY—FIRST CONGRESS. Sess. II. Ch. 230. 1870. W°°l‘U”*°*f°"°• dential archives of the office, and give notice thereof, by mail, to the shall file his description, specifications, drawings, and model within three months from the time of placing said notice in the post-office in Washington, with the usual time required for transmitting it to the caveator added Aliens. thereto, which time shall be indorsed on the notice. dud an alien shall have the privilege herein_grauted, if he shall have resided in the United States one year next preceding the filing of his caveat, and made oath of his intention to become a citizen. _ _, Notice of re- SEO. 41. And be it further enacted, That. whenever, on examination, ·i.g‘;f*;;Qcg€ gag? any claim for v. patent is rejected for any reason- whatever, the comgmnwappig- missioner shall notify the applicant thereof, giving him briefly the ¤¤¤¤ with NM- reasons for such rejection, together with such information and references Eg? u`°"f°"’ as may be useful in judging of the propriety of renewing his application or of altering his specification; and if} after receiving such notice, the cw, to be W applicant shall persist in his claim for a patent, with or without altering examined,if,&c. his specifications, the commissioner shall order a re-examination of the case. Interferences, Sec. 42. And be it further enacted, That whenever an application is &°· made for a. patent which, in the opinion of the commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to proceed Pmnttoiasue to determine the question of priority of invention. And the commist° Wh°m‘ sioner may issue u. patent to the party who shall be adjudged the prior inventor, unless the adverse party shall appeal from the decision of the primary examiner, or of the board of examiners-in-chief, as the case may be, within such time, not less than twenty days, as the commissioner shall rescribe. Aftidnvits and P Sec. 43. And be it further enacted, That the commissioner may d°P°°m°“" establish rules for taking nilidavits and depositions required in cases pending in the patent office, and such affidavits and depositions may be taken before any officer authorized by low to tuke depositions to be used in the courts of the United States, or of the State where the officer resides. _S“bP°¤¤¤¤ to Sue. 44. And be it further enacted, That the clerk of any court of the mm°"°°' United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the patent office, shall, upon the application of any party thereto, or his agent or attorney, issue [et] subpoena for any witness residing or being within said district or Territory, commanding him to appear and testify before any officer in said district or Territory authorized to take depositions and aflidavits, at any _P¤¤¤l¤y upgm time and place in the subpmna. stated; and if any witness, after being directed. after appearing shall refuse to testify, the judge of the court whose clerk issued the subpoena, muy, on proof of such neglect or refusal, en~ force obedience to the process, or punish the disobedience as in other like (MSCS. Witness toes. Sec. 45. And be it further enacted That every witness duly subpne. nzuzd und in nttenrimice shnll be allowed the same fees as are allowed to witnesses attending the courts of the United States, but no witness shall Witness Mt be required to attend at any place more than forty miles from the place xxgfllgg igrfg where the subpoena is served upon him, nor be deemed guilty of conm11es&&e. un- tempt fpr disobeying such subpoena, unless his fees and travelling exl°$¤» ¤·i pcnses in going to, returning from, and one day’s attendance at the place of examination, nre pnid or tendered him nt the time of the service of the norm disclose Subpmna; nor for refusing to disclose any secret invention or discovery NS Min ¤¤<>r¤t made or owned by himself. mv°°¤°°' ‘ Sec. 46. And be it further enacted, That every applicant for 2. patent
 * 2gc;`g;’:Q:°°t person filing the caveat, who, if he would avail himself of his_caveat,
 * g'lg*z!;;)"£’r;;' duly served with such subpoena, shall neglect or refuse to appear, or