1887-84. Rev.Stat.,secs. 4895, 4916. Reissue, when granted. tle. 1887-85. Abstract of ti Assent of as signees. Prerequisites. 1887-86. REISSUES. 85. A reissue is granted to the original patentee, his legal representatives, or the assignees of the entire interest, when the original patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, provided the error has arisen through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention. Reissue applications must be made and the specifications sworn to by the inventors, if they be living. 86. The petition for a reissue must be accompanied by a certified copy of the abstract of title, giving the names of all assignees owning any undivided interest in the patent. In case the application be made by the inventor, it must be accompanied by the written assent of such assignees. 87. Applicants for reissue, in addition to the requireOath of appli- ments of Rule 46, must also file with their petitions a statement on oath as follows: cant for reissue. 1887-87. New maiter. (1) That applicant verily believes the original patent to (3) When it is claimed that such patent is inoperatíve (4) Particularly specifying the errors which it is claimed constitute the inadvertence, accident, or mistake relied upon, and how they arose or occurred. (5) That said errors arose "without any fraudulent or deceptive intention" on the part of the applicant. 88. New matter shall not be allowed to be introduced into the reissue specification, nor in the case of a machine shall the model or drawings be amended except each by the other. 89. The Commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and issue applica upon payment of the required fee for each division of such reissued letters patent. Each division of a reissue con 1887-88. Division of re tion. stitutes the subject of a separate specification descriptive of the part or parts of the invention claimed in such division; and the drawing may represent only such part or parts, subject to the provisions of Rule 50. Unless otherwise ordered by the Commissioner, all the divisions of a All divisions to reissue will issue simultaneously; if there be any contro- ously. versy as to one division, the others will be withheld from issue until the controversy is ended, unless the Commissioner shall otherwise order. issue simultane Reëxamina 90. An original claim, if reproduced in the reissue speci- 1887-89. fication, is subject to reëxamination, and the entire appli- tion of reissue cation will be revised and restricted in the same manner as original applications. claims. Surrender 91. The application for a reissue must be accompanied by 1887-90. a surrender of the original patent, or, if that be lost, by an original patent. affidavit to that effect, and a certified copy of the patent; but if a reissue be refused, the original patent will, upon request, be returned to the applicant. 92. Matter shown and described in an unexpired patent, and which might have been lawfully claimed therein, but which was not claimed by reason of a defect or insufficiency in the specification, arising from inadvertence, accident, or mistake, and without fraud or deceptive intent, can not be subsequently claimed by the patentee in a separate patent, but only in a reissue of the original patent. INTERFERENCES. of 1887-91. Matter to be claimed only on reissue. 1887-92. 4904. Interference defined. 93. An interference is a proceeding instituted for the purpose of determining the question of priority of invention Rev. Stat., sec. between two or more parties claiming substantially the same patentable invention. The fact that one of the parties has already obtained a patent will not prevent an interference, for, although the Commissioner has no power to cancel a patent, he may grant another patent for the same invention to a person who proves to be the prior inventor. 94. Interferences will be declared in the following cases, when all the parties claim substantially the same patentable invention: 1887-93. When declared. cations. cation and unex (1) Between two or more original applications contain- Original appli- Original and reissue applica tions. Original and reissue applica tions. Reissue applications. Reissue applications. Reissue application and unexpired patent. Reissue appli cation and unex pired patent. 1887--95. Preparation for interference. 1887-96. Failure to pre ence. (3) Between an original application and an application (4) Between an original application and a reissue ap- (6) Between two or more applications for the reissue (8) Between an application for reissue of a later un- 95. Before the declaration of interference all preliminary questions must be settled by the primary examiner, and the issue must be clearly defined; the invention which is to form the subject of the controversy must be decided to be patentable, and the claims of the respective parties must be put in such condition that they will not require alteration after the interference shall have been finally decided, unless the testimony adduced upon the trial shall necessitate or justify such change. 96. When, however, a party who is required to put his pare for interfer application in a condition proper for an interference fails to do so within a reasonable time specified, the declaration of interference will not be delayed. After final judgment of priority the application of such party will be held for revision and restriction, subject to interferences with other applications. (See Rule 94.) 97. When an interference is found to exist and the applications are prepared therefor, the primary examiner will forward to the examiner of interferences the files and drawings; notices of interference for all the parties (as specified in Rule 103) disclosing the name and residence of each party and that of his attorney, and of any assignee, and, if any party be a patentee, the date and number of the patent; the ordinals of the conflicting claims and the invention claimed; and the issue, which shall be clearly and concisely defined in so many counts or branches as may be necessary in order to include all interfering claims. Where the issue is stated in more than one count the respective claims involved in each count should be specified. The primary examiner shall also forward to the examiner of interferences for his use a statement disclosing the applications involved in interference, fully identified, and ar ranged in the inverse chronological order of their filing as completed applications, and also disclosing the issue or issues and the ordinals of the conflicting claims. The primary examiner will also include in his statement the date on which each applicant made each claim, or equivalent statement of invention, involved in interference. tified. Whenever it shall be found that two or more parties Conflicting par ties having the whose interests are in conflict are represented by the same same counsel no attorney, the examiner will notify each of said principal parties, and also the attorney, of this fact. 1887-98. Revision of no 98. Upon receipt of the notices of interference, the examiner of interferences will make an examination thereof, tices by examiner of interferences. in order to ascertain whether the issue between the parties has been clearly defined, and whether they are otherwise correct. If he be of the opinion that the notices are ambiguous, or are defective in any material point, he will transmit his objections to the primary examiner, who will promptly notify the examiner of interferences of his decision to amend or not to amend them. 1887-99. Reference to 99. In case of a material disagreement between the examiner of interferences and the primary examiner, the Commissioner. points of difference shall be referred to the Commissioner for decision. 100. The primary examiner will retain jurisdiction of the Primary examcase until the declaration of interference is made. iner retains ju risdiction. examiner of in 1887-103. iner to determine Primary exam 101. Upon the institution and declaration of the interfer Jurisdiction of ence, as provided in Rule 102, the examiner of interferences terferences. will take jurisdiction of the same, which will then become a contested case; but the primary examiner will determine the motions mentioned in Rule 122, as therein provided. 102. When the notices of interference are in proper form Institution and the examiner of interferences will add thereto a designation terference. certain motions. declaration of in 1887-101. Rev. Stat., sec. 4904. 1887-102. Notices to par ties. Publication in Official Gazette. 1887-109. Motion for post of the time within which the preliminary statements re quired by Rule 110 must be filed, and will, pro forma, insti tute and declare the interference by forwarding the notices to the several parties to the proceeding. 103. The notices of interference will be forwarded by the examiner of interferences to all the parties, in care of their attorneys, if they have attorneys, and, if the application or patent in interference has been assigned, to the assignees. When one of the parties has received a patent, a notice will be sent to the patentee and to his attorney of record. When the notices sent in the interest of a patent are returned to the office undelivered, or when one of the parties resides abroad, and his agent in the United States is unknown additional notice may be given by publication in the Official Gazette for such period of time as the Commissioner may direct. 104. If either party require a postponement of the time ponement of time for filing his preliminary statement, he will present his for filing. motion, duly served on the other parties, with his reasons therefor, supported by affidavit, and such motion should be made, if possible, prior to the day previously fixed upon. But the examiner of interferences may, in his discretion, dispense with service of notice of such motion. Certified copies used in interfer 105. When an application is involved in an interference ence proceed-in which a part only of the invention is included in the isings. sue, the applicant may file certified copies of the part or parts of the specification, claims, and drawings which cover the interfering matter, and such copies may be used in the proceeding in place of the original application. 106. When a part only of an application is involved in an interference, the applicant may withdraw from his application the subject-matter adjudged not to interfere, and file 1887-125. a new application therefor, or he may file a divisional apNew application for claims plication for the subject-matter involved, if the invention can be legitimately divided: Provided, That no claim shall be made in either application broad enough to include matter claimed in the other. not in interfer ence. 1887-104. Disclaimer ence. to 107. An applicant involved in an interference may, with avoid interfer- the written consent of the assignee, when there has been an assignment before the date fixed for the filing of his preliminary statement (see Rule 110), in order to avoid the continuance of the interference, disclaim under his own signature, attested by two witnesses, the invention of the particular matter in issue, and upon such disclaimer and the cancellation of any claims involving such interfering matter judg ment shall be rendered against him, and a copy of the Signature to |