The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1870-11-17

IulOfnnHOn ond references ~ tlAy W uae-
fulin Judging ofihe propriety Of renewing
his application q altering his aspsciicaI
tons and If, after receiving such
notice, the applicant shall persist in
shis claim for patent, With or without all
tering his specifications. the Commission
.er shall order re-exatninhtimo Of tho case
SBc. ~. And b II further enacted,
That whenever an application is made for
patent which. intha opinion Of the Com.
missioner. would Interfere with any pend:
ling application. or with any unexpired
,patedt. be shall give notice thereof 70 the
applicants. or applicant and patentce, a,
the case may be. aud shall direct the pri
mary examiner to proceed to detcrininy
the questioned priority Of invention, And
the Commissioner may Issue patent TO
The party who shall be adjudged tho prior
inventor. unless the adverse party shall
appeal from the decision Of che primary
examiner, or Of the board Of examiners-iu.
,chief. asthe case may be, within such time,
not less than twenty days, as the Commits
sioners shall prescribe
SIC. 43. Aud BE-, Il further enacted,
That the Commissioner may establish rules
for taking afidayiis and dispositions reqni-
red in cases pending in tho Patent Office,
aud such afidavits and dispositions may be
taken before any officer authorized By law
70 take dispositions to be used in the courts
,of the limited States or Of the State where
the officer resides.
Sgc Az. And Do Il further enacted,
That the clerk Of any court Of tho United
States. for any district or Territory where
in testimony is to be taken for use in any
contested case in tho Patent Office. shall,
upon the application Of any party thereto,
or bis agent or attorney, issue subpoena
for any witness residing or being within
said district or Territory. commanding him
to appear and testify before any officer in
= said district or Territory authorized to take
dispositions aud affiiavits, at any time and
place in tho subpoena stated; and il any
witness, after being duly served with such
subpoena, shall neglect or refuse to appear,
or after appearing shall refuse to testify.
thejudge Of the court whose clerk issusi
the subpoena may, on proofofsuoh neglect
or refusal, enforce obedience Ia tho process,
sor punish tue disobedicncs as in other like
eases.
SEc. As Ana De Il fartter enacted,
That every witness duly subpGnaed and in
attendance shall be allowed the same fees
ms are allowed to witnesses attending the
courts Of the United States, but no witness
shall be required " atten'l at any place
moro than forty miles from the place where
the subpoena is served upon him. nor be
deemed guilty Of contempt for disobeying
such subpoena, unless his fees and travelling
ing expenses in 90 to. returning from, and
one days attendance at the place ofexam.
Sination, are paid or rendered him at the
/. time Of tho service of the subpoena; nor for
refusing to disclose any secret invention or
discovery made or owned by himself.
SIC. 46. And Je Il farther enacted,
That every applicant for patent or the
reissue Ola patent, any Of the claims
yof which have been twice rejected, and ev-
cry party to an interference. may appeal
efrom;the decision ofthe primary examiner,
or Of the examiner in charge Of interfere
-ence.in such cases to the board ofexaminers-
in-chief, having once paid the fee for such
appeal provided By law.
Size. At. Aud BE- It further eaactel,
That il such party is dissatisfied with the
decision of the examiners.in chief, he may
een payment Of the duty required by law,
appeal 10 The Commissioner in person.
SEC. IS. Aad DO IL further enacted,
That ifsuch party, except party to an in
reference, is dissatisfied with the decision
of the Commissioner, he may appeal to tho
supreme court of the District Of Columbia,
sitting in bauc.
SIC. 40. And BE- 1t further enacted,
That when an appeal is taken to the SUI
preme court of The District of Columbia,
the appellant shall give notice thereof to
the Commissioner, and file in the Patent
Office. within such time as the Commiss-
Toner shall appoint, his reasons Of appeal,
specifically set forth in writing.
SIC. so. and BE- it further enacted,
That it shall be the duty of said court, on
petition, to hear aud determine such ap-
peal. and to revise the decision appealed
from in summary way, on the evidence
produced before tho Commissioner, at such
early aud convenient time as the court
may appoint, notifying the Commissioner
of tie time and place Of hearing; and the
revision shall be confined to the points set
forth in the reasons of appeal. And after
hearing the case the court shall return to
the Commissioner certificate Of its pro.
ceedings aud decision, which shall be en-.
tered ofrecord in the Patent Office. and
L. ,,.kt.a. II