Page:Federal Reporter, 1st Series, Volume 5.djvu/811

FLOWEB r. EAÎBBR; 79^ �ëkin by meàns of a ebmpbimd in whicH hëated fat lîqaor was an essential ingredient. In the re4iasuë a^ohange w^b made by' elimiûating the necessîty of using the fat liquor i» a heated «tate, àtid making its use in that condition a inere matter of cônvenienee, dnd byiinBerting'fticiaiui for the use of fat liquor in tha treatment of leatber îgenerally. ' ' ' �Tbe court said thai such a change enlarged the seopei of th^patent, and that ithere was no doubt of the invalidityof thererissue, "The change made in the old' sflecifioation by eliminating theinecessity of using the fat liquor in a beated; c^pditioUj and znàrking in the new specification its use in that condition a mexje inltattter of convpnieuce, and the insertion o£ an independent claim',^ for tb& use of fat' liquor iù i the treàt- Eaent of leather generally, opeiràted to eilargetbe charaeter» and seppe of tiie invention. The ©vident; bbjeot' of the pat-- tentee in seelsiiiga<re-jissue;vra8not;to carreet any defeets in? specification oalF clairaj but to change both, and; thus bbiainy ^ fact, a patent for a different iuTention." �What is authorized to be dobe in cases of re-issue is de^ clared by the supreine court in Fowder Co. Vi Powder:Work»[' 98 U. S. 138, where it is sàid: "Tbe specification m.ayi be» ameqded 80 as to make it ^more clear and distincte 'The çlaim may be modified so as to make it more conformabletoi the exadt rights of ; the patentee; but the invention mustbe thesanae. So particular is the law upon this subject, that it isdeclared that * no new; matter shall be inkoduced into the specification.^;, This prohibition is general, relating to ail patients, and by .n«M> matter we suppose to be meant newasub-i siantivo matter,' sucb as would/have the effeot ôfxthanging the invention or of introducing wbat might be siibjeet of an- otber application for a partent." j �It was insisted on the argument that, as tbe/power to accep t a surrender and issiie;new letters patentais vested exclusiTelyin the commissioner, bis decision is not open to, collateral attack in' a suit , f-or inf ringement . bf the re- ipue. ; His action in 'tbe. matter is doubtleesof a jùdicial chaïacter, anid, iftipresumed to be correct until impeached, id a regular way ; and yet the court is not obliged to a(}cept bis ����