Page:United States Statutes at Large Volume 45 Part 1.djvu/783

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732 May 24, 1 928 . [S . 2823] . [Public, No . 501 .1 Patents. U. S. Code, p. 1170. Reissue of any inoper- ative patent if error in- advertent and without any fraud . R. S.,sec.4916,p.950, amended. Several patents may be issued for separate parts of the thing pat- ented. Effect as if originally filed in corrected form . No new matter to be in trod uced . SEVENTIETH CONGRESS . SEss. I. CHs. 730, 731 . 1928 . CHAP. 730.-An Act Amending the Statutes of the United States with respect to reissue of defective patents . Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That section 4916 of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows " SEC. 4 91 6 . Whenever any patent is wholly or par tly inoperati ve or invalid, by reason of a defective or insufficient specification, or by reason of the patentee clai ming as his o wn invention o r discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fr audulent or deceptive intention, the commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a patent for the same invention, and in accordance with the corrected specifica- tion, to be reissued to the patentee or to his assigns or legal repre- sentatives, for the unexpired part of the term of the original patent . Such surrender shall take effect upon the issue of the reissued patent, but in so far as the claims of the original and reissued patents are identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent to the ext ent tha t its c laims are ide ntical with t he orig inal pa tent s hall constitute a continuation thereof and have effect continuously from the date of the original patent . The commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon pay- ment of the required fee for a reissue for each of such reissued letters pate nt . T he specificat ions and clai ms in every su ch case shall be subject to revision and restriction in the same manner as original applications are . Every patent so reissued, together with the cor- rected specifications, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form ; but no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other ; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid ." Approved, May 24, 1928 . May 24, 1928 .

[S .4229] . C H A P . 73 1 .-An Act To extend the time for completing the constructing [Public, No . 502 .] of a bridge across the Mississippi River near and above the city of New Orleans, Loui siana . Be it e nacted by the Senate and Ho use of Repres entatives of the Time

River . United States o f America in Congress assembled, That the time for Zme extended xtended for bridging by New or- completing the construction of a bridge across the Mississippi River le vol .43'p .103,amend- near and above the city of New Orleans, Louisiana, authorized by ed.

Act of Congress approved April 17, 1924, to be built by the city of New Orleans, a municipal corporation existing under the laws of the State of Louisiana, its successors and assigns, through its Public Belt Railroad Commission, is hereby extended five years from the rrovi &

date of the approval hereof : Provided, That it shall not be lawful R es ubmission of plans required .

to continue the construction of said bridge until plans thereof shall again be submitted to and approved by the Chief of Engineers and by the Secretary of War . SEC . 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, May 24, 1928 . Amendment.