The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1836-08-24

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SEC. Z. And be il further enacted,
That, on the filing of any suck applica-
ton, description, and specification, and
the payment of the duty hereinafter pro-
vidcd, the Commissioner shall make or
cause to he made, an examination of the
alleged new invention or discovery, and
II, on any such examination, it shall not
appear to the Commissioner that the
same had been invented or discovered by
any other person in this country prior TO
the alleged invention or discovery thereof
by the applicant, or that it had been pa
tented or described in any printed publ
cation IN this or any foreign country, or
had been in public use or on safe with
the applicants consent or allowance prior
tn the application, If the Commissioner
shall deem IT 10 he sufficiently useful and
important, it shall he his duty To issue
patent thererefor. But whenever, on
such examination, it shall appear to the
COMMISSIONS that the applicant was not
the original and first inventor or discov-
orcr thereof, or that any part of that
which in claimed as new had before been
Invented or discovered, or patented, or
described in auy printed publication in
this or any fsreign country, as aforesaid,
o. that the description is defective and
Insufficient, he shall notify the applican,
thereof, giving him, briefly, su h informa-
tmn aud references, as may he useful IN
Judging of The propreiy of renewing his
application, or of altering his specification
tc embrace only that part of the invention
OF discovery which is new. In every
such case, if the applicant shall elect to
withdraw his application, relinquishng
his claim To the model, he shall be enl-
tied to receive back twenty dollars, part
of the duty required by this act, on filing
notice IN wruing of such election IN the
Patent Office, copy of which, certified
by the Commissioner, shall be sutiic-
ient warrant 10 the Treasurer for paying
back TO the said applicant the said sum
of twenty dollars. But if The applicant
in such case shall persist in his claim
for n patent, with or without any altera-
ton of his specification, he shall he requr-
ed To make oath or affirmation anew, IN
manner ms aforesaid. And if the spcci-
fication and claim shall not have been so
modified as in the opinion of the Commis-
~
patent, he may, on appeal, and upon re-
quest in writing, have the decision of n
board of examiners, to be composed of
three disinrerested persons, who shall he
appointed for that purpose by the Secrc,
tary of State, one of whom at least to he
selected, If practicable aud convenient,
for his knowledge and skill in the par
ucular art, manufacture, or branch of
science to which the alleged invention ap-
pertains; who shall be under oath or
affirmation for the faithful and impartial
performance of the duty imposed upon
them by said appointment. Said board
shall be furnished with certificate in
writing, Of the opinion and decision of
the Commissioner, stating the particular
grounds of his objection, and the part or
parts Of the invention which he considers
as not entitled to he patented. And the
said board shall give reasonable notice 10
the applicant, ms well as 10 the Commls-
sioner, of the time and place of their
meeting, that they may have an oppor-
tunity of furnishing them with such facts
and evidence as they may deem necessary
to Just decision aud it shall be the
the board of examiners such information
as he may possess relative TO the matter
under their consideration. AnG on an
examination and consideration Of the
matter by such board, it shall be in their
power, or of majority Of them, TO re-
versy the dicsion of the commissioners,
either in whole or in part, aud their opin-
ion being certified to the Commissioner,
he shall be governed thereby, IN the iur-
ther proceedings to be had on such APP
pIecation Prouided, however, That be-
fore board shall he instituted III any
such case, the applicant shall pay To the
credit ofthe Treasury, as provided IN the
ninth section Of this act, the sum Of twen-
~ dollars, and each Of onid persons so
appointed shall be entitled to receive for
his services in each case, sum not ex-
ceeding ten dollars, To be determined and
paid by the Commissioner out OF any
moneys in his hands, which shall be IA
full compensation to the persons who
may be 50 appointed, for their examina-
ton and certificate as aforesaid.
SECTION 8. and be Il farLer enacted,
That whenever AN application shall be
made for patent which, IN the opinion
of the Commissioner, would interfere wiih
any other patent for which an appIIca-
ton may he pending, or with any unex-
pred patent which shall have been gran
ted, il shall lie the duty of tho CommIs-
sioncr to give notice thereof to such np-
pllcanis, or pateuiees, as the case may
be and If either shall be dissatisfied with
the decision of the Commissioner on the
question of priority of right or lnVentIon'