El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17
HOW TO GET
A PATENT
WRITTEN ESPECIALLY FOR THE HERALD ONE WHO
KNOWS
SAy>x<xSNNN~

aminer Is apt to find more things "sub
, stantislly the same" after a bad break
fast. then when he is feeling eupept' C
After sending this letter, the dutie
| of the office end for the time being
The applicant is allowed q year il
whic to make some action in the
case. If he does not, the case IL
"abandoned.' A responsive action
by the applicant should rectify sill the
matters 'iobjected to?' This Is done by
directing for instance, the cancellation
of certain portions of his specification,
or even the whole, and the substitution
of certain reworded matter. Il must
never introduce ''new matter" That
is of course, if he does not stand pat On
his case, asking for Reconsideration. >
| If he does, certain other things hap
pen. The claims which are ''rej ected'
be will amend or rewrIts, or if he de-
cides them not pstentable in view OF
the reference cited by the examiner,
he may cancel certain claims. Again,
he may stand pat, If he likes, and ask
| for reconsideration.
An applicant having invented or dis
covered anything is supposed to claim
not only that specific thing, but as
much more as he can find language to
express; the examiner is supposed to
limit him IS much as possible. For
instance man invents yellow dog.
He comes in with a claim covering as
much ground as possible, asking to be
given the exclusive right to 'colored
ouadrupeds." Thereupon the examiu
er fishes out an old cyclopedia with a
picture of pink elephant in it and
trium phsntly "rejects" upon the re-
ference to the elephant. Then the
applicant amends by inserting the
word hairy" before "colored" aud is
gain rejected. this time upon a
N altese cat. Finally, possibly, he
limits himself to yellow, hairy
quadruped" and his claims are allowed
in default of anything known to the
examiner that fills the bill. He has
received claim which is broad err than
the actual thing he has invented, and
the examiner has forced him to accept
less than he originally wanted. so both
sides feel conscious of duty well per-
formed. Thereafter, the applicant
collects royalty not only on yellow
dogs, but yellow COWS as well if he
likes. He usually does.
If the applicant stands pat and asks
for reconsideration of rejection" or
an ''objection, he gets another action |
by the Office. in which the examiner |
either re-affirms his former action or !
recedes from it. | q the former event. |
the action is final" and the case |
passes cut Of the hands of the ''prim-
ary examiner" If the action in con-
troversy was an "objection" the mat
ter goes before the commissioner of
patents for consideration. He either |
affirms the examiner, or reverses him.
In the latter case, the examiner is |
forced to waive the point aud the case
goes on through the mill as if the
question had not been raised.
If it was final rejection" ths case
now goes before body called the
board Of examiners-in- chief'' but
also known as the trinity" there
UurSe ne
ok aminer prepares an argument stat
ng the grounds of rejection and the
applicant Que debating the question.
Then board renders a decision. If
adverse to the primary examiner, the
,ase goes to patent at once. If con-
irming him, it ends the case unless
he applicant appeals to the COM
missioner.
II appeal is made the commissioner
'eviews the whole case aud either af-
irms or reverses the board. From the
commissioner further appeal may be
AIKEN to the court Of appeals OF the
District of Columbia.
When the applicant has had all his
,lai ms passed by examiner, beard or
commissioner, Or has had some allow
ID and has cancelled the others. the
;ase ''goes to ISSUE" and he receives
clip of paper notifying him that on
payment of the "finsl fee'' of $40 his
patent will be issued. If he doesn't
,ay at once the case is held six
months and is then declared forfeited.
Thereafter If he cares to, within two
ears he can pay smother first fee"
md start the whole thing over again
IN the footing OF a new case.