Page:United States Statutes at Large Volume 16.djvu/242

 208 FORTY—FIRST CONGRESS. Sess. II. Ch. 230 1870. hg¤'*°*l*;¥:*;`°*‘ Sec. 61. And be it further enacted, That in any action for infringement mum my the defendant may plead the general issue, and having given notice in gsm thedgeneral writing to the plaintiff or his attorney, thirty days before, may prove on gb ’·“ m?' trial any one or more of the following special matters : -- ifsggadggz 3;: First. That for the purpose of deceiving the public the description and M- specihcation filed by the patentee in the patent office was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desiredeifect; or, Second. That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, Third. That it had been patented or described in some printed publication prior to his supposed invention or discovery thereof; or, Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. That it had been in public use or on sale in this country, for more than two years before his application for a patent, or had been abandoned to the ublic. In notices as And in notices as to proof of previous invention, knowledge, or use of
 * ‘{°l;°£::v‘;;t§;: the thing patented, the defendant shall state the names of patentees and

&c, defendants:) the dates of their patents, and when granted, and the names and resi- °*¤°° Wm- dences of the persons alleged to have invented, or to have had the prior knowledge of the thing patented, and where and by whom it had been Costs. used; and if any one or more of the special matters alleged shall be found for the defendant, judgment shall be rendered for him with costs. And the like defenses may be pleaded in any suit in equity for relief against notenoes in an alleged infringement ; and proofs of the same may be given upon like °q1‘;"Y‘ notgice inéhzadangvgpr 0} thp defendant, and with the like effect. atentuotto no. . n it urt er enacted, That whenever it shall a ear that Q32S,??:; pho pgpenteg, ap the time of making his application for the patenlff) believed vious usein rm-. imse to e the oriviua and first inventor or discoverer of the thin °°¤¤¤'Y» *5 patenthirthe same shzall not be llpeld tp pe void pn account of the inveng ion or iscovery, or any part thereo, avin een known or used in a foreign country, before his invention or disooéery thereof if it had not been patented or described in a printed publication. Extension of Sec. 63. And be it further enacted, That where the patentee of any in- 5;;:*:3 ggpctgz vention or discovery, the patent for which was granted prior to the isc;.second day of March, eighteen hundred and sixty-one, shall desire an ex- _ tension of his patent beyond the original term of its limitation, he shall Application to make application therefor, in writing, to the commissioner, setting forth the fgé ‘Z;E;;'g‘f)p reasons why such extension should be granted; and he shall also furnish mod. a written statement under oath of the ascertained value of the invention or discovery, and of his receipts and expenditures on account thereof} sudiciently in detail to exhibit a true and faithful account of the loss and profit in any manner accruing to him by reason of said invention or dis- No extension covery. And said application shall be tiled not more than six months zgfggsgtetigggl nor less than ninety days before the expiration of the original term of ' the patpip, and no extension shall be granted after the expiration of said ori ma erm. mcpénrpigsiongr Seo. 64. And be it further enacted, That upon the receipt of such ap- 0,,%,: ,§§,j,§g;f* plication, and the payment of the duty required by law, the commissioner pers or the up- shall cause to be published in one newspaper in the city of Washington, {’;;:;‘;g;’“8fgf·°¤· and in such other papers published in the section of the country most ’ mterested adversely to the extension of the patent as he may deem proper, for at least sixty days prior to the day set for hearing the case, a notice of Buch application, and of the time and place when and where the same will be considered, that any person may appear and show cause why the extension should not be granted. Sec. 60. And be it further enacted, That on the publication of such