United States Congressional Serial Set Volume 3835 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...has a direct interest, or is under obligation respecting the relief invoked. (United States v. Mo. K. & T. B. B. Co., 141 U. S., 358.) While a patent for a grant of lands is absolutely free from the future control of the officers of the Land Department after it has once issued, and jurisdiction over the matter cannot again be obtained, this is subject to a single qualification in the case of a patent for an invention where the patentee, his legal representatives or assigns, find the original patent 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 fraudulent or deceptive intention.) In such case a reissue will be granted by the Commissioner upon the surrender of the patent, but such surrender takes effect only upon the issue of the amended patent. This provision is embodied in Revised Statutes, sec. 4916, which also declares that--the specifications and claim in every such case shall be subject to revision and restriction in the same manner as original applications, but no new matter shall be introduced into the specifications. The plain purpose of this section is to give the patentee an opportunity to make valid and operative that which was before invalid and inoperative; invalid, because it claimed as new that which had been previously invented or used by the public; inoperative, because the specification was defective or insufficient. New matter cannot be introduced, nor can the scope of the invention be enlarged. All that the applicant can do is to so amend his patent as to enable him to receive 12782 26 some...