The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-12-30

81 ,,s w. s,snaos., snd I'm atis,i,nc. shsIi be nj.
lowed the same fees as are allowed TO witnesses at
t,ns lie courts of tie United states but no witness
shaI he rur, 10 attend at any place than for
Nv miles nom the place where the subp9na Is served
nrn him nor l.. deemed ruiIty OF contempt for dis
o6eyinE such Subpoena. unless his fees and travelling
expenses In roing 70, returning ron. anu one uN -
attendance at the place q sxsmnst,on are paid Q.
tenercd him nj the time of the service othe sunpfhA;
DOR for refusing 10 disclose any secret hNehoh OF
discovery made or o~aed by hlmssli;; -,..,
skC W. Ana De IaIber shsetss' .n.s s e'e,y - ~
plicant Tor patent or the reissneOI spasnt. sy Wy
The claims of which hase been tnce a.,
party 10 an interference, may spp+M no we ueSison
OF the primary examiner. OF oi le eAaniner in cnEe
OF fintenerenee. In such ess ,o we pssru :, %
,chsf having once paid the Tee nor saen appeal pro-
'iied by Law; 49,, ...,., ,,,., a, .,.,,
.,S ~ % n,, he ecisi"n Of The essmners
in-ehef he may. on payment OF ,he duy rTiuireu ny
law. sppsH a. % t'e - q, nsi, ,a.,ei ~ Th., 4, s,cb
party except party 70 an lnterisr.nce Is a,sssneJ
s we aeclsio y, VIZ ~ a., mi,Is, -, oa,ahi. ps,
y, H., W.. n, Iul,s Slms '"e ''"'' W ''N NN' "
VIZ W us"o, a. .-,,,o- ou..,o, r,,., ,.h.n an
shc; ~; NM oe ~, ~ u,s ~ s, ., ,ha ni.'ric, ~
ssh' ~. .,.,,. M ~, 'shsn sivs nn,iee Thereon to
ue eomnssi3ner, % sa NJ n VIZ ~, se ,,,,,,, a., ,.
an. ~ .ns.ssi nsr,c,I,y 80, t,r,h \. n,iIIng
the duty Of sad court on petition 10 hear and deter
min such appea ard 10 revise the decision appealed
from In SUMMARY way, on the evidence produced be-
,, :. ,h son,, nav ,nnnnt noiiXing The Commits
sIoner OF the time aud place OF hearing and the re-
reasons oS sppssI. Aud after hearing the ease. the
court shall return 90 the Commissioner acertBcse Of
Its proceedings and decislon which shall be entered
ofrecori In the Patent once. and Govern the urther
proceedings In the case, but no onlnon ., decision
" e .our, ~, W. az ~, ,, q, .ni ,h SsIIiiiy ~ snci,
n,s, ~ ,my e,,rt ,bsrcIn ihe am. mn, b. eaei I'm
Question.
ing notic. of the time a place of such
the Commissioner shall notify all parties who appear
10 be interested therein, In such manner rs the court
may prescribe. The party appealing shall lay before
the court certhed copies oi all the original pspers and
eydence IN the case, and tie ,alnmss'oner sha inr
nsh " WIN the s,"us ~ :" ~, ns S, p.,y.I n, ,ha
III N.Iins. I .ou'"s - a. y, ~. r,.s, ~ ,ny n,r;v In
,sesisd' or ~ the court the Comussioner and the
exsmine,s NAV he exsmIned under OATH In explsIa-
tion principles OF the machine or other thing
which paient Is sdemani.d.
SIC. -. And bc u mrther enacted. Thai whenever
patent on spplcatlon Is reinse ior s ,sason mna,
ever, e, 1,S ,,t, M e si hi, n,n s,na. s,n ,be
C'mmissIn,sy ~, snnlicnnt NAV have remedy by bin
In e""Ity ami lie c5Tt HAVING sognlrance thereof on
potiee 10 adverse parties and other due proceedings
had may adluge that such applicant Is entitled ac
eOrilng to law TO receive patent for his Invention,
as specified IN his cal or for any part thereof the
facts In the case may appear. Aud such adjudication
III be In favor Of the right ot the applicant, shall au-
thorre the Commissioner TO issue such patent on tue
sppean' ming ~ ine raten. oce @ eNi y, ,n 'ne
dleaton, and olherwise eolpghz Win lhe feiuisi-
u"ns o, hw. aa w ~ e. I'M h. M , - ~ ~ 'p.
a,I aii lie eSpensss of the proceeding
shall be paid by the applicant whether the nal decis
's ssc sSnS be- III L hcr onactcd rha, when
ever any patent is imperative or invalid, by reason
Of defective insufficient specification, or by rea-
son of the patentee claiming as his own Invention
or discovery more than he had a right To claim as
new II the error has arisen by inadycrtencc acei.
dent or mistake, and without any fraudulent or de-
eeptive Intention, the Commissioner shall, ON tle
surrender % such patent and the payment OF The
duty required by law, cause a new patent for the
same Invention, AMI In accordance with the correct
ell specification to DO Issued TO the patentee or In
the case Of his death or assignment OF the whole or
any undivided part Of the original patent to his ex-
ecutors, administrators, or assigns, Tor the unex.
pired part OF the term OF the original patent the
surrender OF which shall take elect upon the Issue
OF the amended patent; and the Commissioner may
In his discretion, cause several patents TO DO issued
for distinct and separate parts OF the thing patent
ed, upon demand ci the applicant, ana upon pay
such reissued letters-patent And the specifications
and claim In every such case shall be subject 10 re-
vision and restriction In The same manner as origin
together with the corrected specification, shall
have the effect aud operation In law. the trial OF
all actions for causes thereafter arising, though
the same had been originally nled I'm such corrected
frm; but no new matter shall be introduced into
the specification, nor In case OF n machine patent
shall the model or drawings be amended, except
each by the other; oat when there is ne,nst moasa
proof satisfactory to the Commissioner that such
new matter or amendment was part OF the origin
al lnyentlon anu was 9,nit.eu foun ,ne on
oy haa'er'enoe' a00iuen'' '" ni''"N'' ~ "'o'0
rrI--
SEc, %. ana Do " Iurther enae.ca' inAs wusn-
ever, hroush lhadNettsnce, aeSiuen., or ns.aiAe'
and without any fraudulent oI ueceptFe ihten.on,
apatentee has claimed more than that of when ne
WAS the original or hrst inventor or dlscoverer MS
patent shall be yalidfor All that part wnich Is truly
and justly his own, proyidcd the same is ina,erhl
or substantial part OF tho thing patented anu any
such patentee, his heirs or assigns whether OF the
whole or any SECTIONAL interest herein, may, on
payment of the duty required isy law. make ais-
elalmer OF sueh parts OF the thing Patentea s nc
Choose
the patent or assignment, stating therein the ex
tent OF his interest In such patents said disclaimer
shall be In writing, attested by one or moro VIII.
nesscs, and recorded In the Patent Office, and IL
shall thereafter be considered rs part OF the origin
al specification to the extent OF the interest possess
ed by the claimant aud by those claiming under
him after the record thereof. But no such dscaim-
shall Affect any action pending at the time of Its
being filed, except 50 Tar as may relate % e, ,he
H.
SIC. ~. And be IL further enacted,Srhat all ac-
tions, suits controyers,es ana eases arising unner
he patent laws OF the unted o.ates snan oe er,Si
naly eosn.aole, rs well 10 sau,y rs AZ law, ny the
circuit courts OF the United states, ot any usucs
court having the powers and jurisdiction oi cir.
cut court OF hy ihe court ol tne Dstie,
Of Co,umola, OF OF any IeLntory ana th9 eou,.
party aggrieyed' 10 grant inl9ne.lons aceordng 70
the course and principles Oi courts OF equity, 10
prevent the violation of any right secured by pat
ent, such terms rs the court may deem reasona-
case for an Infringement, the claimant shall be en-
titled % recover in addition to tho proofs 10 be
counted Tor by the defendant. the damages the com.
panant has sustained thereby, and the court shall
asess the same or cause the 10 he assessed
der its direction and the court shall have Tho same
powers 10 Increase the In ts discretion that
arc given by this act 10 increase the damages found
by yerics In actions upon the case, but all actions
shall he brought during the term for which the let
terspatent shall be granted or extended, or within
SIX years after 'he snpGaSSn ,Sn 'eaSI S,ad T,., ,,,
OF error or appeal to the supreme Court OF the
United States shall lie from all Judgments and DE.
crees OF any circuit court or OF any district court
exercising the jurisdiction OF circuit court or of
the supreme court Of tho District OF Columbia or OF
any Territory, In any action, suit, controversy OF
case, at law or in equity touching patent rights In
the same manner and under the same circumstances
as In other Judgments and dccrees OF such circuit
courts without regard 10 tho sum OF value In con-
troyeny 80 .... .-f
sEC. 81. And be Il further enacted, That written
or printed copies OF any records books, papers, or
drawings belonging 10 the Patent Occ, and Of let
ters-patent under tho signature Of the Commission
er or Acting Commissioner, with the seal OF ofico