New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-19

shall appoint, his reasons Of appeal, speclh-
cally set forth in writing.
Sec so. And be it further enacted, That
! it shall be the duty of said court, ON petl-
| ton, to hear and determine such appeal,
| and to revise the decision appealed from in
| a summary way, on the evidence produced
| before the Commissioner, at such early and
convenient time as the court may appoint,
! notifying the Commissioner of the time and
| place of hearing, and the revision shall be
| confined to the points set forth in the rea-
| sons of appeal. And after hearing the case,
| the court shall return to the Commissioner
| a certificate of its proceedings and decision,
| which shall be entered of record in the Pat
emit Office and govern the further proceed
| ings in the case. But no opinion or decision
| of the court in any such case shall preclude
any person interested from the right to con-
test the validity of such patent III any court
| wherein the same may be called III question.
! Sec. 81. And be it further enacted, That
on receiving notice of the time and place OF
hearing such appeal, the Commissioner shall
notify all parties who appear to be interested
| therein in such manner as the court may pre-
scribe. The party appealing shall lay pc
fore the court certified copies OF all the
original papers and evidence in the case,
| and the Commissioner shall furnish it with
the grounds of his decision, fully set forth
in writing, touching all the points involved
| by the reasons OF appeal. And at the re-
quest OF any party interested, or OF the
court, the Commissioner and the examiners
may be examined under oath, in explana-
| ton of the principles of the machine or
| other thing for which patent is demanded.
| SEC. 81. And be it further enacted, That
| whenever patent on application is re-
| fused, for any reason whatever, either by
the Commissioner or by the supreme court
of the District of Columbia upon appeal
| from the Commissioner, the applicant may
have remedy by bill in equity; and the
| court having cOgnizance thereof, on notice
to adverse parties and other due proceed
ings had, may adjudge that such applicant
| Is entitled, according to law, to receive
| patent for his invention, as specified in his
claim, or for any part thereof, as the facts
III the case may appear And such adiudi-
| cation, if it be in favor of the right OF the
| applicant, shall authorize the Commissioner
| to issue such patent, on the applicant filing
| in the Patent Office a copy of the adjudica-
! ton, and otherwise complying with the re-
QUESTIONS of law. And in all cases where
there is no opposing party copy Of the bill
shall be served on the Commissioner, and
all the expenses of the proceeding shall be
paid by the applicant, whether the final de-
clslOn Is III his favor or not
SEC. So. And be it further enacted, That
| valid, by reason of defective or INSULT
cient specification, or by reason of the
patentee claiming as his own Invention or
discovery more than he had right to claim
as new, if the error has arisen by inadver-
tence, accident, or mistake, and without
any fraudulent or deceptive intention the
Commissioner shall, ON the surrender of
such patent and the payment of the duty re-
qulred by law, cause a new patent for the
same invention, and in accordance with the
corrected specification, to be issued to the
patentee, or, i'll the case of his death or as
signment of the whole or any undivided
part of the original patent, to his executors,
administrators, or assigns, for the unex-
pired part of the term of the original
patent, the surrender of which shall take
effect upon the issue of the amended
patent; and the Commissioner may, in his
discretion, cause several patents to be is
sued Tor distinct and separate parts OF the
thing patented, upon demand of the appli-
cant, and upon payment of the required
fee for a reissue for each Of such reissucd
1etters-patent. And the specifications and
claim in every such case shall be subject to
revision and restriction in the same manner
as original applications are. And the pa
tent so reissued, together with the corrected
specification, shall have the effect and oper-
alton in law. on the trial of all actions for
causes thereafter arising as though the
same had been originally filed in such cor
rected form; but no new matter shall be in
troduced 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 part
of the original invention, and was omitted
frsm the specification by inadvertence, ac-
cident or mistake, as aforesaid.
SEC. "a. And be it further enacted, That
whenever. through inadvertence, accident,
or mistake, and without any fraudulent or
deceptive intention, a patentee has claimed
more than that of which he was the original
or first inventor or discoverer, his patent
shall be valid for all that part which is
truly and justly his own, provided the
same is material or substantial part
of the thing patented; and any such
paatentee, his heirs or assignees, whether
of the whole or any sectional in
terest therein may, on payment of the
duty required by law, make disclaimer of
such parts OF the thing patented as he shall
not choose to claim, or to hold by virtue OF
the patent or assignment, stating therein
the extent of his interest in such patent
said disclaimer shall be in writing, attested
by one or more witnesses, and recorded Ill
the Patent Office, and it shall thereafter be
ton to the extent of the interest possessed
by the claimant and by those claiming I'M
der him after the record thereof But no
such disclaimer shall affect any action pend
ing at the time of its being filed, except so
far as may relate to the question Of I'M
reasonable neglect or delay in filing it.
SEC. So. And be it further enacted, That
all actions, suits, controversies, and cases
arising under the patent laws of the United
States shall be originally cOgnizable, as well
in equity as at law, by the circuit courts OF
the United States, or any district court hav
ing the powers and jurisdiction OF circuit
court. or by the supreme court OF the Dis
trict of Columbia, or of any Territory; and
the court shall have power, upon bill in
equity filed by any party aggrieved, to
grant injunctiOns according to the course
and principles of courts of equity, to pre-
vent the violation OF any right secured by
patent. on such terms as the court
may deem reasonable; and upon de-
cree being rendered in any such
case for an Infringement, the
claimant shall be entitled to recover, in ad
dition to the profits to be accounted for by
the defendant the damages the complainant
has sustained thereby, and the court
shall assess the same. or cause the
same to be assessed under its
direction, and the court shall have the
same powers to increase the same in its dis
cretion that are given by this act to in
crease the damages found by verdicts in
actions upon the case; but all actions shall
be brought during the term for which the
letters patent shall be granted or extended,
or within six years after the expiration
thereof.
SEC Sc. And be it further enacted, That
a writ of error or appeal to the Supreme
Court of the United States shall lie from
all judgments and DEGREES of any circuit
corr+ or of onv disfrct cOurt EXERCISING