The Weekly Arizonian., 1870-10-22

UT ctGcI tutuE IOt SHlcn Phtone IS demanded.
 sRo, g And be it further enacted, That whenever, patent ou application is refused, for any reason whatever, either by the Com missioner CT by the supreme court of the Dis trct of Columbia upon appeal from the Con- missioner, the applicant may have remedy by bill in equity; and the court having cogniz- ance thereof, on notice to adverse parties and other due proceedings had, may adjudgs that sach applicant Is entitled, according te law, to receive patent for his invention, as sps- eifed in in his claim, or for any part thereef, as tae facts in the cage may appear. And such adu "a ion, if it be in favor ofths right of the applicant, shall authorize the Commissioner to issue such patent on the applicant filing in the Patent 0aice copy of the adjudication, and otherwise complying with the regulations of law And in all cases where thsre IS no op- posing party copy of the bill shall be served on the Commissioner, and all the expenses of the proceedings shall be paid by the appli- caUt, whether the final decision IS in his favor or not.
 SEC. s. And bs it further enRF ted, That whenever any patent ia iuoperatiys or invalid, by reason of a defective or insufficient speci- hcation, or by reason of the paientes claiming as his own invention or discovery more than he had right to claim es new, if the error has arisen by inadvertence, accident, or mis- take, and withoat any fraudulent or deceptive intention, the Commissioner shall on the sur render of such patent and the payment of the duty required oy law, cause, new patent for the same invention, and i'll accordance with tha corrected speCi6 cation, 10 be issued to the p2tentes or, in the ease of his death or assign- ment of the whole crAny undivided part of the original patent, to his executors, or sssigns,
 for the puexpired psrt ot the term of the ori- ginal patent the surrender of which shall ta ke effect upon the issue of the smsoded patent; and the Commissioner mey, ID his discretion,
 cause several patents to be issued for distinct and zep4rats parts ofthe thing pate4sed upon demand of inc applicant, ard uTon payment of the required fss for reissue for each of sEeh ressued letJers- patent. And thu spscihcs tions nd,clsim in every such case shall be subject to revision and restriction in the same manner as original application are Ana the patents rsissusd, together with the corrected specification, shall have the effect and opera ton in law, OH the trial Of all aclioDs f0- causas thereafter arising, as through the same had been originally filed in such corrected
 
 into the specification, nor in case of machine gatent shall he model or drawings be GmendD ed, except each by the other; bu, wheo there is neither model ncr drawing, amendments may be mace upon proof satisfactory to the Commissioner that such new matter or amend meat was a part of the originai invcnton and vas omitted from the specification by irad- vertsnce, accident or mistake, Hs afore- sad
 SEC 54 and be it further enacted, That whenever through in2dvertence, accident, or mistake, and without auy fraudulent or decep- tive intention, patsRtes has claimed more than that of which he wag the original or first inventor or discoVerer, his patent shaIl be valid for all that part which Is truly and justly his own, provided the same ia material or substantial part of the thing patented; and any such paitentee, his heirs or afsigus, wbsth. CT of ths whole or any sectional terest there-
 D, may, on payment Of the duty required by law, make disclaimer of snch parts of the thing patented as he shall not choose to claim or to hold by virtue of the patent or assigu- ment, stating therBn the extent of his intar. est in such patent; said disclaimer shall be in writing attssted by one or more witnesses, and recorded in the Patent OGice, ard it s6atb tASfeaiCer Da cOuslUSftC sS part or EnS original specification to the extent of the in- tsrest possessed by the claimant and by thoss claiming under hi;a after ths record thereof But no such disclaimer shall affect enY action pending st ths time of its being filed, except 50 far as may relate to the question of unres- sonahIe neglect or delay in fling i'-
 SEQ. 55, And be it further enacted, That all actions, suits, controversies. end cssss sris ing under ths patent jaws of tho United States shall be originally cosnizable, az well in equity as 8. law, by the cirsnis courts of the United States, or any district court having ths pow CTS aud iurisdiction of circuit court or by ths District of Coiumbis, CT of any Territory and the court shall have power, upon bill in equity 6lsd by any party aggrisvsd ts grant iniunotions according to the course and prin ciplss ot courts of equity, to prevent the vio' l lation of any right secured by patent, sn such terms as the sourt may deem reasonable; 1 and upon decree being rendered in any such 1 case for an infringement. the claimant shall be ] pztitles s recover. fz AdditieH ts the lxefk to {