El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-17

The first steps are to make an inven
zion and hire an attorney. Neither Il
Indispensable, but an applicants path
way through the patent Office is seldom
rose lined thoroughfare, anyway, ani
he will usually find it better to have
both. The next thing in order is tt
make SIS to pay the first official fee
likewise an additional bu. variable
amount for the attorney. Attorneys
IRE mercenary people, who care very
little about the amount OF good to the
sountry which sn invention is meant
40 sccompl sh. but will do a good deal
Tor fat fee.
shall assume here that the aPpli-
cant has 70 attorney, II he has, my
remarks probably won't interest him.
Wherefore the sssum ption.
After making his invention, the in
Tentcr should sit down and put it all
on paper. II it is susceptible Of Illus
sratiOn, he must also make a drawing.
The way the description and drawing
are prepared is not matter of indif-
ference--far from it. The patent Office
pu blishes and distributes gratuitously
a Pc implicit containing 200 odd rules
cove ring the matter. The drawing
must be on certain kind of paper, cut
20 q certain size, the ink just right. the
lines not too pale or too black, and SO
on, world with out end. 1t usually pays
TO get a professional patent office
draughtsman to make the drawing.
aimee no amateur stands any chance of
getting it right. The matter in the
escription-''spec it is called
must be iu q certain order, ard there
must be appended claims" which set
forth in brief language just what the
applicant regards as his invention.
THE claims are the measure
of patent as the exam
liners are fond of reminding one; in
fact, they are the patent.
The foregoing papers, together with
q petition" asking for patent and an
t'oath" declaring that the applicant is
the original. first and sole inventor"
ali accompanied by SIS, are filed in the
patent office. Informalities and ire
e ularities in the papers may be cor
rected later, but no mistake must be |
made about the SIS.
The case is given running number,
ard row has the status of NEW ap-
p LEGATION" 1t is sent to the examiner |
" no has charge Of the class Of inven- |
: ions to which it relates.
In his room it rests quietly for |
N onth. Then It Is taken up for ex
: mi alton" and letter written to the /
3 pplicsut, Just what this letter will |
"a y depends upon the case and the ex
a miner. There are SO examiners and
D two alike-in fact each runs little
patent office of his own. However. it
Is safe TO cay that the applicant will
Re el blue when he receives the letter
II il is his fret case, 1t is a toss up
9 be Their he ever prosecutes it any
further. The letter will "object" to
! his and "object'' to that, in drawing,
specification and claims, and probably
wind up by rejecting all claims on a
reference to something already pat
ented that looks as much like ap-
,licsnt's device as q picket fence
10 oks like fne-tooth comb. The let
ter really doesn' t mean go very much,
being just the first ball 10 the pleasant
ound game, to be hereafter carried on
setween Office and applicant, but it Is
Usually very brief and sounds harsh. l
NOW fer i have written plenty OF
hem and witnessed the effect on the
ILL
ever let Office letters worry them
much.
The objections relate to departures :
rom the aforementioned 200 odd
ules. No man really understands .
hese rules. Skilled attorneys are al ,
rays tripping up on them. However,
here are about 80 volumes of a
'eriodicsj called the Official Gazette" ,
obtaining selected decisions by :
ourts and commissioners which are
opposed to interpret them more or =
ess. Besides these there are uncount-
d reams of MISE. decisions" Each
hammer picks out and uses the deci-
ions he faocies and applies them as he
ees it. WHAT Examiner E., guided
y ''Ex-parte McJones" or Smith VS..
may require in claims,
frequently strikes Examiner L.,
uided by ''ex-parte'' somebody else,
3 evincing depth of moral turpitude E
equiring his severest Reproduction.
attorneys recognize these little per-
onsl pc culiaritiesa ard prepare case for {
he particular examiner who they think :
iii get it. l remember once seeing :
be impressive agitation of an attorney |
hose cases. Drepared for E. hsppeued I