Page:United States Statutes at Large Volume 29.djvu/722

 692» FIFTY-FOURTH CON GBESS. Sess. II. CHS. 390, 391. 1897. K¤¤h 3. 1897- CHAP. 390.-An Act To authorize the Supreme Court of the United States to issue "`""";— writs of certiorari to the court of appeals of the District of Columbia in the same cases and manner that it may do in respect of the circuit court of appeals. _ Be it enacted by the Senate and House of Representatives of the United ;*{£j§,‘j',f§,“,Lf;‘;; States of America in Congress assembled, That in any case heretofore issue Gemma: to made final in the court of appeals of the District of Columbia it shall °°‘“" °f “”’°“l“‘ be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. Approved, March 3, 1897. March a, 1897. CHAP. 391.-Au Act Revising and amending the statutes relating to patents. Be it enacted by the Senate and House of Representatives of the United fgtgxiions M, States ofrlmertca in Congress assembled, That section forty-eight hunlmwnw term. dred and eighty-six of the Revised Statutes be, and the same hereby is, amended by inserting on line four, after the word “country," the words “before his invention or discovery thereof," and on line five, after the word °°thereof," the words “or more than two years prior to his application} so that the clause so amended will read as follows: bkmim l>•*•¤* •‘S1;c. 4886. Any person who has invented or discovered any new and .r..s.,m.4ssa,p.us, useful art, machine, manufacture, or composition of matter, or any new •¤*°’“’°"· and useful improvements thereof, not known or used by others in this country, before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceeding had, obtain a patent therefor." I"*'*"¥°'”°"‘“· Sec. 2. That ection forty-nine hundred and twenty of the Revised Statutes be, and the same hereby is, amended by adding to the third clause of said section after “thereof" and before “or" the following words: "0r more than two years prior to his application for a patent therefor," so that the section so amended will read as follows: d P1¢¤y1iqst»5d=;¤·i wi; “SEc. 4920. In any action for infringement the defendant may plead ,ZZ1’,‘Z,}“"‘ ‘““`°° the general issue, and, having given notice in writing to the plaintiu _:é1§é;,*¤· *920- P·°°2· or his attorney thirty days before, may prove on trial any one or more ' of the following special matters: “ First. That for the purpose of deceiving the public the description and specification filed by the patentee in the Patent Ofllce was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desired euect; or, “ Second. That he had surreptitiously or unjustly obtained the patent for that which was in fmt invented by another, who was using reasonable diligence in adapting and perfecting the same; or, “'l‘hird. That it has been patented or described in some printed publication prior to his supposed invention or discovery thereof, or more than two years prior to his application for a patent therefor; or, 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 public. P¤>¤¤ “And in notices as to proof of previous invention, knowledge, or use of the thing patented, the defendant shall state the names of the patentees and the dates of their patents, and when granted, and the names and residences of the persons alleged to have invented or to have had the prior knowledge of the thing patented, and where and by whom it
 * Fourth. That he was not the original and first inventor or discoveror