Page:United States Statutes at Large Volume 18 Part 1.djvu/1019

TITLE Lx.—PATENTS AND COPYRIGHTS.·-Ch. 1. 947 and attested by two wimesses, which shall be filed in the Patent-Oilicc; 8 July. 1870. <‘· and a copy of the drawing, to be furnished by the Pnteent-Oflice, shall be S· 27·"· 1**1*- attached to the patent as a part of the specification. l.. ‘*l__._...-. O’Reilly r. Morse, 15 How., 62; \Vashbum r. Gould, 3 Story, 133. SBC. 4890. W'han the invention or discovery is of 11. composition of SP9¢i¤¤¢¤¤<>U¤- ruattpr, the applicant, if required by the Commissioner, shall furnish g‘°"‘l"?““‘·.$°‘°· _ specimens of mgredicnts and of the composition, sufficient in quantity 8 J“LY· 187*% °- for the purpose of experiment. S' ‘S* "'· 1°* I‘· Sec. 4891. In all cases which admit of representation by model, the MQQEI. When applicant, if required by the Commissioner, shall furnish a model of ’°‘!“’s‘“’· convenient. size to exhibit advantageously the several parts of his haven- s July, 1330, Q, tion 01* discovery. 23Qj-ZQN-I6-!*j30L Hogg r. Emerson, 6 How., 437; McCormick v. Talcott, 20 How., 4u+o. Sec. 4892. The applicant shall make oath that he does verilv believe Oath ¤‘Qq¤i¤‘¢‘d himself to be the original and first inventor or dlS00\'9.1'9l‘0f the art., f"°'“ “pph°“"°‘ machine. manufacture, composition, or improvement for which he solicits 8 July, 1870, c. u patent: that he docs not know and docs not believe that the same was 23*% S· 30» V- W P- ever before known dr used; and shall state of what country he is a citi- 202 , zen. Such oath may he made before any person within the United States H0ggv.Emers0n, authorized by law to administer oaths, Ol' when the applicant resides in 6H°“’·»*37? WMF u foreign country, before any minister, clmrgé d,H.HRlI`€S, consul, or com- g;’f)rj§§_Ca}:g°;{)l merciu agent, holding commission under the Government of the United mn",-§cjk,,,,¥p States, or before any notary public of the foreign country in which the Mills, 3 Fish. Put. applicant may bc. Cm, 536- Sec. 4893. On the filing of any such application and the yment of EF“'Pi¤**l°¤» the fees required by law, the Commissioner of Patents shallacause an mg l;’S`;¥'}€p$,i°!¢ examination to be made of the alleged new invention or discovery; and 230 5%% :8% if on such examination it shall appear that the claimant is justly entitled zag;'’ ` to u patent under the law, and that the same is sufficiently useful and 1,e` important, the Commissioner shall issue :1. patent therefor. 2S¤W-, 493- bmc. -189-L All applications for patents shall be completed and prepared Limiwion upon for examination within two years after the filing of the application, and “"‘?.°f:i°mPl°*‘“¥ in default thereof, or upon failure of the up licamt to prosecute the same ~ within two years after any action therein, 02) which notice shall have been 8 July, 1870. C- giv on to the applicant, they shall be regarded as abandoned by the par- 23°#“·32·"·16·P2°? tics thereto, un ess it be shown to the satisfaction of the Commissioner Bellv. Daniels, 1 of Patents that such delay was unavoidable. B<>¤d, 212- Sxcc. 4895. Patents may be granted and issued or re-issued to the P¤·*9¤*¤ 8¤*~¤*¤d assignee of the inventor or discovcrcr; but the assignment must ilrst be entered of record in the Patent-Office. And in all cases of an applica· 8 July, 1870, c. tion by an assignee for the issue of a. patent, the application shall be 23g·¤1g3·V·l?él;i202· made and the specification sworn to by the inventor or discovercr;. and 132 V 1Q*p 583* °‘ in all cases of an application for a. reissue of any patent, the application must, be made and the corrected s ccification signed b the inventor or ud fo°Q;;v 4.}; discovcrcr, if he is living, unless tge patent was issuecll and the assign- Swilft r. Whislen, zi mont made before the eighth day of July, eighteen hundred and seventy. Fish P¤t.Ca¤., 343. Sec. 4896. When any person, having mai: any new invention or dns- When and on covcry for which a Havant might have bccnfrautcd, dies before an patent ; h‘*$$;§;‘; " £' is granted, the rig t of up lying for sm obtaining the patent shall maycbmn patent? dcvolvc on his executor or administrator, in trust for the hmrs at law of —~——————-— the deceased, in case be shall have died intestate; or if he shall have left 233 J“& :872; °· . . . . . . . , s. , . , p. a w1ll, disposing of the same, then in trust for hrs dew mces, in as full 202 manner and on the same terms und conditions as the same might have been claimed or cnjo ed by him in his life time; and when the application Googyw: 9W5B1f' is made by such legal representatives, the oath or nilirmation required to 7gg_ ’ ’ bc mudc shall be so varied in form that it can be made by them. Sec. 4897. Any person who has an interest in un invention or dis- lB¤E¤W¤·l of Bpcovery, whether as inventor, discovcrcr, or assignee, for which ugntent §f‘°l‘ai{1':_¤":0"‘; ';F; was ordered to issue u n the payment of the final fee, but who ils to fm in seamu makcgnyment thoreofpgvitlnin six months from the time at vghich it wqs passe and allowed, and notice thereof wuts sept to the applicant or hm 23(L L QQJ 16; pj agent, shall have a right to make an appl1c¤tion for u patent for such 202.