The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-01

entted 10 DC patented. And the SAID board shal
give reasonable notice to the applicant, well as TO
he commissioner, ofthe time and place other meet
ing, that they may have an opportunity Of furnish
ing them with such facts and evidences as they may
deem necessary 10 just decision, and II shall be the
duty Of the commissioner to furnish to the board of
examiners such information as he may possess rea-
tive 10 the matter under their consideration. And
on ali examination and consideration of the matter
by such board IL shall be 10 their power, Of amujor
ty Of them, TO the decision of the commits
siOner, either ia whole in part; and their opinion
being certified 10 the commissioner, he shall be gov
erDed thereby in the further proceedings TO be had
such application; PrOuded, hOpsreT, That before
board shall be Instituted n any such case, the APP
pcant shall pay 10 the credit of the treasury, as
provided in the ninth section of this act, the sum OF
twenty-five dollars; and each of said persons APP
pointed shall be entitled 10 receive for his services
in each case, a not exceeding ten dollars, 10 be
determined and paid by the commissioner out Of any
moheysin his hands, which shall be in full COM
pensalIon 10 the persons who may be ~ appointed
for their examination and certificate as aforesaid
The 9Th section provides that whenever an appIi-
cation shall be made for patent, which IN the Opin-
ion Of the commissioner would interfere with any
other patent for which an application may he pend
iug, or with any unexpired patent winch shall have
been granted &c shall I've the duty of the commissioner
10 give notice thereof TO such applicant or patentee,
the may be- and if either shall be dissatisfied
with the decision Of the commissioner In the ques
ton OF priority of right or Invention, he may appeal
from such decision on the like terms and conditions
are provided in the preceding section.
The 18th section then enacls, That whenever
there shall he two interfering patents, whenever
patent or application shall have been refused
adverse decision of n board OF examiners, on the
ground that that patent applied for would interfere
with an frpirsd patent previously granted and per
son interested in any such patent either 10y asSgn-
ment or otherwise in the one case, and any such
applicant in the other case, may have remedy by
bill in equity; and the court having cngniZance
thereof, on notice to adverse parties, anu other due
proceedings had, may adjudge and declare either
the patents void in the whole or IN part, mop
eratIye and invalid in any particular part or portion
Of the United States, according to the interest
which the parties TO such suit may possess in the
patent or the inventions patented, and may also adj
judge that such applicant is entitled, according TO
the principles and provisions of this act, to have and
receive patent for his invention, specified IN his
claim, for any part thereof the fact OF priority
Of right or invention shall, in any such case, be
made 10 appear And such adjudication, II Il be in
favor of the right of such applicant, shall author
lze the commissioner to issue such patent, on his
filing a copy of the adjudication, and otherwise
complying with the acquisitions Of this act Pro
vided however, That no such judgment or adudlca-
ton shall affect the rights OF any person, except the
parties to the action, aad those deriving title from
under them subject to the rendition Of such judy
ment.
This section gives the remedy by bill in equity to
those cases only provided for by the 9Th section of
this act But by the 10th section of the act of 1889,
IL is declared That the provisions Of the sixteenth
section Of the before rected act shall extend 10 all
ohere pa entS refused for any 1haispsr,
either by the commissioner of patents or by the
chief Justice of the District Of Columbia upon ap-
peals from the decision Of said commissioner, as
we'll as where the same shall have been refused 90
account Of or by Of, interference with pre-
vously existing PATENT and in all cases where there
is no opposing party, copy OF the bill shall be
served upon the commissioner of patents, when the
whole Of the expenses of the proceeding shall be
paid by the applicant, whether the final decision
shall be in his favor or otherwise.
The effect Of this section is To give TO all persons
whore applications are refused under the 7th sec
ton, land who were concluded by the decision OF
board Of commissioners under the act of 1867 the
same remedy as was provided for those who came
within the provisions of the 9Th section. The rem.
edy is by bill in equity, in the court having eOgni-
Ednee thereof
On the part Of the complainant, it is commended
that inasmuch the 18th section Of the act Of 1896
declares that all actions, suits, controversies, and
cases arising under any law Of the United States,
granting or confirming to inventors the exclusive
right to their inventions or discoveries, shall be
originally cognizable, well in equity as at law,
by the circuit courts of the United States, or any
district court haping The pooers and jurisdiction Of
circuit eourt--that Congress did not intend to give
jurisdiction to the courts Of the District Of Column
bia where there is district court barring the pO1cer
of a circuit court, but to the courts of the United
States, established by the judiciary act of 1885, and
the complainant being resident here, this court has
the jurisdiction
In the construction of statutes every part OF the
and acts in pari materia are to be taken together
for the purpose of discovering the intention of the
legislature, which, when ascertaned, is to prevail.
II shall be construed if possible that no clause,
sentence, or word shall be rendered superfuous or
void. And when great inconvenience will result
from particular construction, that construction
shall be avoided, unless the meaning of the legsa
ture be plain, in which case it must be obeyed. q
Cranch, 1867
With these rules in view let us examine the aues-
ton presented for consideration.
BY the section of the act of September "a, 1889
establishing the judicial courts of the United States
it is enacted that no person shall be arrested in
district for trial in another in civil action before
circuit or district court, and no civil suit aC-
ton shall he brought before either of the said courts
against an inhabitant of the United States by any
original process in any other district than that
chsreof he is an inhdbitani, in which he shall be
found at the time of serving the writ The third
section Of the act Of 9th February 1901, concern
ing the District Of Columbia, g Story, 20S9 appx,)
declares there shall be court in the said District,
which shall be called the circuit court of the District
Of Colnmbia; and the said court and the judges
thereof shall have all the power by law vested in
the circuit courts and the judges of the circuit courts
Of the United States. And by the 5th section the
said court shall have cognisance of all cases in Law
and equity between parties, both or either Of whom
shall be resident or found within SAID district.
The 4th section Of the act of March g. 1915, vest
ing more efIectuay jurisdiction in State courts, q
Story, 1881 ., enacts that the district courts of the
United States shall have cognisance concurrent with
the courts and magistrates of the several States
and the circuit courts Of the United States of all suits
at common law, when the United States or any
officer thereof, under the authority of act Of Con-
gress shall sue, although the debt, claim or other
matter in dispute shall not amount to one hundred
dollars. Various other statutes have been passed,
either imposing penalties providing relief in
which 1t is said the district circuit courts of the
United States shall have jurisdiction, but in all such
cases it is understood the intention Of Congress
to give jurisdiction to those courts according to we'll
known and settled cipIes-these principles are
that process for the institution of suit, either nj
law or equity, in the district circuit courts shall
not run beyond the limits of the district for which
the court from which it issues is held. And TINT
the cIrcnit court for the District of Columbia has