This corporation is ready to substantiate by evidence these reasons of objection. And said corporation hereby appoints Messrs. Morehead & Newton, of Fall River, Massachusetts, its attorneys and counsel, with full power to represent said corporation in all matters relating to said proposed extension. Witness the seal of said corporation and the signature of its president, at Fall River, Massachusetts, this 3d day of April, A. D. 1869. [SEAL.] [50-cent revenue stamp.] THE GROWLER MILLS. By RODERICK RITTENHOUSE, President. The applicant for extension is required to forward to the Commissioner the original patent. If the patent has been lost or destroyed, the applicant should forward a statement, under oath, of the following form: 413. OATH TO THE LOSS OF LETTERS PATENT. Charles Careful, of said county, being duly sworn, doth depose and say, that he is administrator of the estate of Henry Miner, deceased, late of Boston, in said county; that the letters patent No. 12,219, granted to said Henry Miner, and bearing date on the 9th day of January, A. D. 1855, have been lost or destroyed, as he verily believes; that he has made diligent search for the said letters patent in all places where the same would probably be found, if existing, and especially among the papers of the decedent; and that he has not been able to find said letters patent. CHARLES CAReful, Administrator, &c. Subscribed and sworn to before me this 5th day of October, 1868. PETER PLACID, Justice of the Peace. 414. FORM OF CERTIFICATE OF EXTENSION. Whereas, upon the petition of A. W., of Auburn, in the State of New York, for the extension of the patent granted to him December 6, 1869, and reissued to him the fourth day of January, 1870, the undersigned, in accordance with the act of Congress approved the eighth day of July, 1870, entitled "An act to revise, consolidate, and amend the statutes relating to patents and copyrights," did, on this twelfth day of October, 1870, decide that said patent ought to be extended: Now, therefore, I, Samuel S. Fisher, Commissioner of Patents, by virtue of the power vested in me by said act of Congress, do renew and extend the said patent, and certify that the same is hereby extended for the term of seven years from and after the expiration of the first term, viz, from the fifth day of December, 1868, which certificate being duly entered of record in the Patent Office, the said patent has now the same effect in law as though the same had been originally granted for the term of twenty-one years. In testimony whereof I have caused the seal of the Patent Office to be hereunto affixed this fourth day of December, 1868, and of the independence of the United States the ninety-third. [SEAL.] SAM'L S. FISHER, Commissioner SEC. XXIII. Disclaimer. SEC. 415. When disclaimer may be filed; 418. Rights of grantees. requisites. 416. Action for infringement prior to disclaimer. 417. What should be set forth; when necessary. 419. Owner of sectional interest may disclaim. 420. Delay in filing. 421. Effect of disclaimer. 415. WHEN DISCLAIMER MAY BE FILED; REQUISITES. Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer, his patent shall be valid for all that part which is truly and justly his own, provided the same is a material or substantial part of the thing patented; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, on payment of the duty required by law, make disclaimer of such parts of the thing patented as he shall not choose to claim or to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent: said disclaimer shall be in writing, attested by one or more witnesses, and recorded in the Patent Office, and it shall thereafter be considered as part of the original specification to the extent of the interest possessed by the claimant and by those claiming under him after the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing it. (Act of July 8, 1870, § 54.) 416. ACTIONS FOR INFRINGEMENT PRIOR TO DISCLAIMER. Whenever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee shall have (in his specification) claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor or discoverer as aforesaid, every such patentee, his executors, administrators, and assigns, whether of the whole or any sectional interest in the patent, may maintain a suit at law or in equity for the infringement of any part thereof which was bona fide his own, provided it shall be a material and substantial part of the thing patented, and be definitely distinguishable from the parts so claimed, without right as aforesaid, notwithstanding the specification may embrace more than that of which the patentee was the original or first inventor or discoverer. But in But in every such case, in which a judgment or decree shall be rendered for the plaintiff, no costs shall be recovered, unless the proper disclaimer has been entered at the Patent Office before the commencement of the suit; nor shall he be entitled to the benefits of this section if he shall have unreasonably neglected or delayed. to enter said disclaimer, (Ib., § 60.) 417. WHAT SHOULD BE SET FORTH; WHEN NECESSARY.The interest of the party disclaiming should be set forth; but where an administrator, in whose name a patent had been extended, entered a disclaimer stating that he was the patentee, and referring to the patent as showing his interest, it was held to be sufficient, ( Brooks v. Bicknell, 3 McLean, 439;) and where a patentee filed a disclaimer setting out that it was "to operate to the extent of the interest in said letters patent vested in the patentee," it was held that it fairly enough imported on its face that the patentee was the owner of the entire interest in the patent, and if so there was a substantial compliance with the statute as to the statement of interest, (Foote v. Silsby, 1 Blatchf., 450;) and where the party disclaiming stated that he was the patentee, but said nothing in regard to a transfer of any part of the patent, the fair presumption is that he still owns the whole. (Silsby v. Foote, 14 How., 221.) The law is not penal, but remedial; it is intended for the protection of the patentee as well as the public, and should not be restricted in its operation within narrower limits than the words of the law fairly import. (O'Reilly v. Morse, 15 How., 121.) A patentee may disclaim any thing which has been claimed through inadvertence or mistake, (Parker v. Sears, 1 Fish., 93;) but a disclaimer is necessary only in cases where the thing claimed wrongfully is a material and substantial part of the thing invented. If it is not essential to the machine, and was not introduced into the patent through willful default or intent to defraud or mislead the public, the want of a disclaimer affords no ground for invalidating the patent. (Hall v. Wiles, 2 Blatchf., 199.) But when a patent is illegal in part, because of claiming more than the inventor has described, or more than he has invented, the patentee must disclaim in order to save the portion to which he is entitled. (O'Reilly v. Morse, 15 How., 121.) Inadvertence and error may occur as well in a disclaimer as a claim, (Poppenhausen v. Fulke, 2 Fish., 181,) and a disclaimer in such a case will not prevent the patentee from embracing the part so disclaimed in a reissue of his patent. (Hayden ex parte, MS. Appeal Cases, D. C., 1860.) 418. RIGHT OF ASSIGNEES.-If a disclaimer is filed by a patentee alone after an assignment of a part thereof, it will not operate in favor of the assignee in any suit, either at law or in equity, unless he has joined in it, (Wythe v. Stone, 1 Story, 294.) The disclaimer cannot af fect a prior grantee unless he accept it, and he may refuse to be affected by it. (Smith v. Mercer, 5 Penn. Law Jour., 531, Kane, J., Pa., 1846.) 419. OWNER OF SECTIONAL INTEREST MAY DISCLAIM.— The owner of a sectional interest may file a disclaimer, which will be considered as a part of the original patent to the extent of his interest, but the patentee is not compelled to join in such disclaimer, nor will it affect any one except him making it and those claiming under him. (Potter v. Holland, 1 Fish., 327.) 420. EFFECT OF DELAY IN FILING.-In every suit brought upon a patent it is a good defense, both at law and in |