Page:United States Statutes at Large Volume 5.djvu/230

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194 T\VE1\ITY FOURTH CONGRESS. Sess. II. (311.45. 1837. When by mis- Sec. 9. And Qc it j§4r{h¢r eqqcted, any thing in the fiftegmh section take, Sec. MU of the act to wb10h this IS addxtwnal to the contrary notwithstanding, fjfcwli Tim, whenever by mistake, accident, or inadvertencc, and without my sl inventor ff wilful default gr intc1}t t05icf rau<Q or mxslcad tha p ulylic, any putcmee pm vfrherbmz shall have in has specification clamqed to be the prxg1n¤1 and ms; in. fjlgfgé Q}; vemor or discovercr of any maternal or subqtanual part of the thing mc, cm. patented, of which he was not the first and orxgiqal inventor, and shall have no legal or just righgto <gE!1lT ;)}€ same, 1rLev;er{r sgch cage the patent shall be deemed goo an van o{ so muc 0 t 1e myentmn or Pmvim. discovery as gxallgc truly and bgnzghdilxxs own; Ffavzgeg, ng sgml} be a material an su stzmtini parto t c tung patentc an e cmitely distinguishable from the other parts so claimed with0 ut right as aforc— said. And every such putentcc, his egccutqrs, administrators, and assigns, whether of the whole or of a sectional mtcrest therem, shall be entitled to maintain a suit at inw or m cqmty on such patent for any infringement of such part of the invention or discovery as shall be bonu Bde his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which :1 judgment or verdict shall {ye rendered for the plaintiil he shall not be entitled to recover costs agamst the defendant, unless he shall have entered at the Patent Office prior to the commencement of the suit, a. disclaimer of all that part cgf the thing patented which was Further pro- so claimed without right: Provided, lurwcver, That no person bringing

 {my Ego}; suit shallfc znlidgd to the bencfig of the pr;>vésions c?ntagnid

m t is section w 0 s a avc unrcasona y neg cc c or c aye o enter at the Pazent 0H10a a disclaimer as aforesaid. Aggms so be Sec. 10. And be it further enacted, That the Commissioner is hereby

F P    authorized and empowered to appoint agents in not exceeding twenty

caxvu und for- . . . . . . ward modern of the prmmpul cities or towns in the United States as may best accom- Sec. modatc the dilfcrcnt sections of the country, for the purpose of receiving and forwarding to the Patent Office all such models specimens of ingredients and manufactures, as shall be intended to l;c patented or deposited therein, the transportation of the same to be chargeable to the patent fund.

Two sxamin- Sec. 11. And be it further enacted, That, instead of one examining
€       clerk as provided by the second section of the act to which this is

ying clerk to . 3 . . . . E8 ,,pp03m8d_ addxqcxpl, tlrzrf shall be appointed, m magna; t}l€f?f3§fOV1i€d, t\V3 cxammmc c cr cs cnc 1 to receive an smnu s ary 0 can un rc dollars; gud also; an additional copying clerk, at an annual salary of Tempomry eight hundred dollars. And the Commissioner is also authorized to gg3E;:? employ, from timc to time, as many temporary clerks as may be neces-

 . sary to execute the copying and draughting rcquircd by the iirst section

of this act, and to examine and compare the records with the originals, who shall receive not exceeding seven cents for every page of one hum dred words, and for drawings and comparison of records with originals, such reasonable compensation as shall be agreed upon or prescribed by . the Commissioner. }?éf m¢¤$¤ Q? Sec. 12. And be it jhriher enacted, That, whenever the application

“,i; @2;E of any foreigner for a patent shall be rejected und withdrawn for want

mntwnrrant ,0 of novelty in ghc invention, pursuant to the seventh section of the act iM T¥¤¤¤¤r¤f- to which this IS additional, the certificate thereof of the Commissioner . shall be a. sumcient warrant to the Treasurer to pay back to such applicant twmtbirds of the duty he shall have paid into the Treasury on account of such application. AHirm¤ei¤n Sm:. 13. And be it fkrilwr enacted, That in all cases in which an {:fgd f I oath is required by this act, cr by the act to which this is additional, if muh. UEc yxrson of xvgoxggt is required Sh2lu b€ conscicntiously scrupulous 0 ta mg an oat , rmation may be su stitutcd therefor. Mcmeys maid Szc. 14. And be it further enacted, That all moneys paid into the