Page:United States Statutes at Large Volume 16.djvu/239

 FORTY·FIRST CONGRESS. Sess. II. Ch. 230. 1870. 205 or the reissue of a patent, any of the claims of which have been twice #PP°°l“ from rejected, and every party to an interference, may appeal from the decis- igéiiimly umu` ion of the primary examiner, or of the examiner in charge of interfer· ` eucefs], in such case to the board of examiners·in-chief, having once paid the fee for such appeal provided by law. Sec. 47. And 6e it further enacted, That if such party is dissatisfied _ **0**}* 0X9;*¤- with the decision of the examiners-in-chiefi he may, on payment of the m°rS'm`°m°f; duty required by law, appeal to the commissioner in person. Sec. 48. And be it further enacted, 'That if such party, except a party from the comto an interference, is dissatisfied with the decision of the commissioner, ““”l°“°"· helpiay appeal to the supreme court of the District of Columbia, sitting in anc. Sec. 49. And be it further enacted, That when an appeal is taken to P¤wti<=¤i¤ the supreme court of the District of Columbia, the appellant shall give €§S,‘fe°;u"EE$;;S notice thereof to the commissioner, and file in the patent office, within courtoftlieDissuch time as the commissioner shall appoint, his reasons of appeal, *{l°*°f C°l“m‘ specifically set forth in writing. bm' Sec. 50. And be it further enacted, That it shall be the duty of said Duty of the court, on petition, to hear and determine such appeal, and to revise the §°“;;;p°“ smh decision appealed from in a summary way, on the evidence produced pp ` before the commissioner, at such early and convenient time as the court may appoint, notifying the commissioner of the time and place of hearing; and the revision shall be confined to the points set forth in the reasons of appeal. And after hearing the case, the court shall return its decision to the commissioner a certificate of its proceedings and decision, which **0* te preclude shall be entered of record in the patent office, and govern the further :3iQi%;°0i·°,j;€f proceedings in the case. But no opinion or decision of the court in any entinany court. such case shall preclude any person interested from the right to contest the validity of such patent in any court wherein the same may be called in uestion. Sec. 51. And be it further enacted, That on receiving notice of the Pijacticein the time and place of hearing such appeal, the commissioner shall notify all gggE“,§y°fh°éP" parties who appear to be interested therein in such manner as the court coun, may prescribe. The party appealing shall lay befbre the court certified copies of all the original papers and evidence in the case, and the commissioner shall furnish it with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal. And at the request of any party interested, or of the court, the commissioner and the examiners may be examined under oath, in explanation of the principles of the machine or other thing for which a patent is demanded. Sec. .52. And be it further enacted, That whenever a patent on appli- Ii} l;?**°*I* 0** cation is refused, for any reason whatever, either by the commissioner ?§£Qiu,;,(,Ii,;;;:' or by the supreme court of the District of Columbia upon appeal from may bring bill the commissioner, the applicant may have remedy by bill in equity ; and m °q“"Y#&°· the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adiudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear. And _ such adjudication, if it be in favor of the right of the applicant, shall wE¤·?¥g;0*¤· authorize the commissioner to issue such patent, on the applicant filing ’ ' in the patent office a copy of the adjudication, and otherwise complying Ctipytople with the requisitions of law. And in all cases where there is no opposing 2;:;;,525)*%,,,,, party a copy of the bill shall be served on the commissioner, and all the Sag: expenses of the proceeding shall be paid by the applicant, whether the hX9B11S0S- final decision is in his favor or not. _ _ Sec. 53. And be it further enacted, That whenever any patent is mop- _ . . . · · .· ,6. ,,0,, Reissues. erative or invalid, by reason of a defective or insutficiept spec. ca , or by reason of the patentee claiming as his own invention or discovery