Page:United States Statutes at Large Volume 18 Part 1.djvu/1021

 1\I'1`LE Lx.— PATENTS AND COPYRIGHTS.——Ch. 1. 949 payment of the fees required by law, iile in the Patent-Office a caveat 8 Jul?/» 1870» °· §Bf;\Z1l1g’ forth the design thereof, and of its distinguishing chu1‘uCfL€I‘- gg? S'40’v'16’p' ISFJQS, and praying protection of his right until he shall have matured .L..—._ hlS mvention. Sue 1 caveat shall be filed in the confidential archives of B°u"· D““l°l“»1 the Office and preserved in secrecy, and shall be operative for the term Bfaigétggij whim of one year from the filing thereof; and if application is made within 13 B1a{Ch_;447_ ' the year by any other person for a patent with which such cawjeat would m any manner interfere, the Commissioner shall deposit the description, specitication, drawings. and model of such application in like manner in the eoniidential archives of the office, and give notice thereof, by mail, to the person by whom the caveat was filed. If such person desires to avail himself of his caveat, he shall tile his description, specifications, drawings, and model within three months from the time of placin the notice in the post—office in Washington, with the usual time required for transuiitting it to the caveator added thereto; which time shall be indorsed on the notice. An alien shall have the privilege herein granted, if he has resided in the United States one year next preceding the filing of his caveat, and has made oath of his intention to become a citizen. 51-:0. 4903. WVhenever, on examination, any claim for a patent is _ Notive of rejecrejected. the Commissioner shall notify the applicant thereof, giving him “°“ °f *'l*“'“. f°' briefly the reasons for such rejection, together with such information and lglfntlfgagf gl` m references as may be useful in judging of the propriety of renewing his —BL——»{—— application or of altering his specification; and if, after receiving such 23S J"?? gsi? "· notice, the applicant persists in his claim for a patent, with or without 2043 s' ’' P' altering his speeiiications, the Commissioner shall order a re-examination of the case. S20. 4904. Whenever an application is made fo1` a patent which, in I¤*¤Ff•=f€¤<>¤¤· the opinion of the Commissioner, would interfere with any pending appli- g July, 1g;;}?; cation, or with any unexpired patent, he shall give notice thereof to the 230, s. 42, v. 16, p. applicants, or applicant and patentee, as the case may be, and shall 20*- direct the primary examiner to proceed to determine the question of priority of invention. And the Commissioner may issue a patent to the party who is adjudged the prior inventor, unless the adverse party appeals 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 prescribe. Sec. 4905. The Commissioner of Patents may establish rules for taking Amglgwits and ailidavits and depositions required in cases pending in the Patent-Oiljee, d¤P0S¤¤¤¤*!- and such affidavits and depositions may be taken before any officer au- s July, ism, C, thorized by law to take depositions to be used in the courts of the United 230, S. 43. v. 16, p. States, or of the State where the officcr resides. 204- Sec. 4906. The clerk of any court of the United States, for any dis- S¤bp<v¤¤¤f¤wittrict or Territory wherein testimonv is to be taken for use in any con- “°‘°°s;____n tested ease nding in the Patent—Ofliee, shall, upon the application of 8 July, 1870, r·. any party tF(?l'€t0, or of his agent or attorney, issue a subpoena for any 230·SS-44»45»V· NZ witness residing or being within such district or Territory., commanding P' 20* him to ap ar and testify before any officer in such district or Territory authorizedw to take depositions and aflidavits, at any time and place in the subpoena stated. But no witness shall be required to attend at any place more than fortymiles from the place where the subpoena is served upon him. Sec. 4907. Every witness duly subpnened and in attendance shall be Witnessfees. allowed the same fees as are allowed to witnesses attending the courts of jiafjf the United States. _ i Sec. 4908. \Vhenever any witness. after being duly served with such _ Penalty for f¤ilsubpoena., neglects or refuses to appear, or after appearing refuses to l:§;"_‘}2°;2;§’,"°' testify, the judge of the court whose clerk issued the subpoena may, on proof of such neglect or refusal, enforce obedience to the process, or Ibid-, BS- 44. 45- punish the disobedience,as in other like cases. But no witness shall be deemed guilty of contempt for disobeying such subpoena, unless his fees and traveling expenses in going to, returning from, and one day’s attendance at the place of examination, are paid or tendered him at the time