Page:United States Statutes at Large Volume 18 Part 1.djvu/1022

 950 TITLE Lx.-PATENTS AND COPYRIGHTS.-Ch. 1. of the service of the subpoena; nor for refusing to disclose any secret invention or discovery ma e or owned by himself; Appeals frpm pri- Sec. 4909. Every ap licant for a patent or for the re-issue of a patent, ‘““"Y3*“‘“}“°",f.“’ any of the claims of which have been twice rejected, and every party to EET? an interference, may ap al from the decision of the primary examiner, Ibid-, *‘· *6- or of the examiner in chiirge of interferences in such case, to the board of examiners-in-chief; having once paid the fee for such appeal. From examiners- Sec. 4910. If such party is dissatisfied with the decision of the exami0:<‘12i0f *0 C`0m· iners—in-chief, he may, on payment of the fee prescribed, appeal to the %:€é£°9%__?0T Commissioner in person. 1 .,51. o,. 0. from thepCom- Sec. 4911. If such party, except a party to an interference, is dissatis- ¤“”*0¤°'*0*h0 FT fied with the decision of the Commissioner, he may appeal to the supreme pri:;§£°£'{_;§D‘-L' court of the District of Columbia, sitting in banc. N°*{°° of Such Sec. 4912. When an appeal is taken to the supreme court of the Dis- "F’lZ°j';._. trict of Columbia, the appellant shall give notice thereof to the Commis- Ibide 0- 49- sioner, and file in the Patent-Otlice, within such time as the Commissioner shall appoint, his reasons of appeal, s ciiically set forth in writing. Proceedings on Sec. 4913. The court shall, before h)§arin such appeal, give notice to ¤PP0¤l *0 S0P’0m0 the Commissioner of the time and lace of the hearin, and on receiving "°“"· such notice the Commissioner shall)givc notice of such time and place in Ibid., e. 51. such manner as the court may prescribe. to all parties who appear to be interested therein. The party appealing shall lay before the court certified copies of all the original papers and evidence in the case, andthe Commissioner shall furnish the court with the grounds of his decision, fully set forth in writing, touchin 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 thing for which a patent is demanded. Determinationof bm. 4914. The court, on petition, shal hear and determine such appeal, §¤<‘h ¤PP0¤li and and revise the decision appealed from in a summary way on the evidence ‘*“ °H°"‘ _ produced before the Commissioner, at such early and convenient time as ibid., s. 50. the court may appoint; and the revision shail be confined to the points F, ,._ Q,,,,,],,,,, set forth in the reasons of appeal. After hearing the case the court shall 13 Blidch., 205. return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent-Oiiice, and shall govern the further proceedings in the case. But no opinion or decision of the court in any 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 question. P0**‘¤*Sl 9***00* Sec. 4915. Whenever n patent on application is refused, either by the abfst by ml ’" Commissioner of Patents or by the supreme court of the District of Eg --¥`--———- Columbia u on appeal from the Commissioner, the applicant may have Ib‘d·» S- 52 remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge 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 app icant, shall authorize the Commissioner to issue such patent on the applicant filing in the Patent—OHicc a copy of the adjudication, and otherwise complying with the requirements of law. In all cases, where there is no opposin party, a copy of the bill shall be served on the Commissioner; and all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not. [Sw! GH. 19-1 _Re-issue efdeiec-Sec. 4916. Whenever any patent is inoperative or invalid, by reason [WG P¤f<*j*’· _ _ of a defective_ or insufficient specification. or by reason of the patentee 8 July, ism, (·_ claiming as his own invention or discoverv more than he had a right to ?30, s. 53, v. 16, p- claim as new, if the error has arisen byinadvertence, accident, or mistake, {Wt____ __ __ _ and without any fraudulent or deceptive intention, the (knnmissioncr Shaw T. ccspsr,7 shall, on the surrender of such patent and the payment of the duty re- Pet-,292; W¤l¤¢>¤·‘· quu·ed_bv law, cause a new patent for the same invention, and in accord- R°“°“°°“· 4 H°"·» ance with the corrected specification, to be issued to the patentee, or, in