Page:United States Statutes at Large Volume 5.djvu/156

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jgg TWENTY-FOURTH CONGRESS. Sess. I. Ch. 357. 1835 Commissioner shall deem it to be sufficiemtly usciixl and important, it shall be his duty to issue a patent therefor. But whenever, on such examination, it shall appear to the Commissioner that the applicant was not the original and first inventor or discoverer thereof, or that any part of that which is claimed as new had before been invented or discovered, or patented, or described in any printed publication in this or any foreign country, as aforesaid, or that the description is defective and iusufficicnt, he shall notify the applicant thereof, giving him, briefly, such information and references as may be useful in judging of the propriety of renewing his application, or of altering his specification to embrace only that part of the invention or discovery which is new. In every such case, if the applicant shall elect to withdraw his application, relinquishing his claim to the model, he shall be entitled to receive buck twenty dollars, part of the duty required by this act, on filing a notice in writing of such election in the Patent Office, a copy of which, certified by the Commissioner, shall be a sufficicnt warrant to the Treasurer for paying back to the said applicant the said sum of twenty dollars. But if the applicant in such case shui] persist in his claim for a patent, with 01* without any alteration of his spcciiication, he shall be required to make oath or afiirmntion anew, in manner as aforesaid. And if the specification and claim shall not have been somodiiicd as, in the opinion of the Commissioner, shall entitle the applicant to :1 patent, he may, on appeal, and upon request in writing, have the decision of a board of examiners, to be composed of three disinterested persons, who shall bc appointed for that purpose by the Secretary of State, one of whom at least, to be selected, if practicable and convenient, for his knowledge and skill in the particular art, manufacture, or branch of science to which the alleged invention appcrtains; who shall be under oath or affirmation for the faithful and impartial performance of the duty imposed upon them by said appointment. Said bozird shall be fiimishcd with 8. certificate in writing, of the opinion and decision of the Commissioner, stating the particular grounds of his objection, and the part or parts of the invention which be considers as not entitled to be patented. And the said board shall give reasonable notice to the applicant, as well as to the Commissioner, of the time and place of their meeting, that they may have an opportunity of furnishing them with such facts and evidence as they may deem necessary to a just decision; and it shall be the duty of the Commissioner to finnish to the board of examiners such information as he may possess relative to the matter under their consideration. And on an examination and consideration of the matter by such board, it shall be in their power, or of a majority of them, to reverse the decision of the Commissioner, either in whole or in part, and their opinion being certified to the Commissioner, hc · .· — shall be governed thereby in the further proceedings to be had on such Proviso. application: Provided, however, That bcforc a board shall be instituted in any such cascythe applicant shall pay to the credit of the Treasury, as provided in the ninth section of this act, the sum of twenty-five dollars, and each of said persons so appointed shall be entitled to receive for his services in each case a sum not exceeding ten dollars, to be ds-

 termincd and paid by the Commissioner out of any moneys in hi.

hands, which shall be in full compensation to the persons who may be ‘ so appointed, for their examination and certificate as aforesaid. Imegforing up- Sec. S. And be it further enacted, That whenever an application Ph°¤¤°¤¤• shall be made for a. patent which, in the opinion of the Commissioner, woulointerferc with any other patent for which an application may be pending; or with any unexpired patent which shall have been granted, it siiall se the duty of the Commissioner to give notice thereof to such apglncants, or patentees, as the case may bo; and if either shall be dissatisfied with the decision of the Commissioner on the question of pri-