This section does not grant the right to an invention any further than to the extent of the machines constructed prior to the application for the patent.34

FILING AND EFFECT OF CAVEATS.

SECTION 4902. Any citizen of the United States who makes any new invention or discovery, and desires further time to mature the same, may, on payment of the fees required by law, file in the PatentOffice, a caveat setting forth the design thereof, and of its distinguishing characteristics, and praying protection of his right until he shall have matured his invention. Such caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof; and if the application is made within the year by any other person for a patent with which such caveat would in any manner interfere, the Commissioner shall deposit the description, specification, drawings, and model of such application in like manner in the confidential archives of the office, and give notice by mail thereof, to the person by whom the caveat was filed. If such person desires to avail himself of his caveat, he shall file his description, specifications, drawings, and model within three months from the time of placing the notice in the post-office in Washington, with the usual time required for transmitting it to the caveator added thereto; which time shall be indorsed on the notice. An alien shall have the privilege herein granted, if he has resided in the United States one year next preceding the filing of his caveat, and has made oath of his intention to become a citizen.

The purpose of this section is to secure an oppor"Birckill vs. New York, 7 Fed. Rep., 479.

35

tunity to have questions of priority between rival inventors determined before the issue of a patent.3 A caveat is not a necessity, and the rights of the inventor are not impaired by the fact that he fails to file one while maturing his invention.36

NOTICE OF REJECTION OF CLAIM FOR PATENT TO BE GIVEN TO APPLICANT.

SECTION 4903. Whenever, on examination, any claim for a patent is rejected, the Commissioners shall notify the applicant thereof, giving him briefly the reasons for such rejection, together with such information and references as may be useful in judging of the propriety of renewing his application or of altering his specification; and if, after receiving such notice, the applicant persists in his claim for a patent, with or without altering his specifications, the Commissioner shall order a re-examination of the case.

37

The rule requiring the Commissioner of patents to set forth the grounds of his decision fully in writing must be strictly followed. If the matter has not been finally disposed of in the patent office an application is always open to amendment.38

INTERFERENCES.

SECTION 4904. Whenever an application is made for a patent which in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to

35 Electric R. Co. vs. Jamaica, etc.,

R. Co., 61 Fed. Rep., 655. 36 Heath vs. Hildreth, Mac. A. Pat. Case 12, 11 Fed. Cas. No. 6, 309.

37 Chandler vs. Todd, Mac. A. Pat.

Cas., 493, 5 Fed. Cas. No. 2, 593 38 Singer vs. Braudsdorf, 7 Blatcf. (U. S.), 521, 22 Fed. Cas. No. 12, 897.

proceed to determine the question of priority of invention. And the Commissioner may issue a patent to the party who is adjudged the prior inventor, unless the adverse party appeals from the decision of the primary examiner, or of the board of examiners-inchief as the case may be, within such time, not less than twenty days, as the Commissioner shall prescribe.

An interference means a dispute on the question of priority of invention.39 A failure to declare an

interference is not conclusive."

40

AFFIDAVITS AND DEPOSITIONS.

SECTION 4905. The Commissioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent-Office, and such affidavits and depositions may be taken before any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the officer resides.

SUBPOENAS TO WITNESSES.

SECTION 4906. The clerk of any court of the United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the Patent-Office, shall, upon the application of any party thereto, or of his agent or attorney, issue a subpoena for any witness residing or being within such district or Territory, commanding him to appear and testify before any officer in such district or territory authorized to take depositions and affidavits, at any time and place in the subpoena stated. But no witness shall be required to attend at any

39 United States vs. Salamander Felting Co. vs. Asbestos Felting Co., 4 Fed. Rep., 813.

40 Hicks vs. Shawer, 3 App. Con. Pat., 439, 12 Fed. Cas. No. 6, 4642.

place more than forty miles from the place where the subpoena is served upon him.

WITNESS FEES.

SECTION 4907. Every witness duly subpoenaed and in attendance shall be allowed the same fees as are allowed to witnesses attending the courts of the United States.

PENALTY FOR FAILING TO ATTEND OR REFUSING TO TESTIFY.

SECTION 4908. Whenever any witness, after being duly served with such subpoena neglects or refuses to appear, or after appearing refuses to testify, the judge of the court whose clerk issued the subpoena may, on proof of such neglect or refusal, enforce obedience to the process, or punish the disobedience, as in other like cases. But no witnesses shall be deemed guilty of contempt for disobeying such subpoena, unless his fees and traveling expenses in going to, and returning from, and one day's attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena; nor for refusing to disclose any secret invention or discovery made or owned by himself.

APPEALS FROM PRIMARY EXAMINERS TO EXAMINERS

IN-CHIEF.

SECTION 4909. Every applicant for a patent or for the re-issue of a patent, any of the claims of which have been twice rejected, and every party to an interference, may appeal from the decision of the primary examiner, or of the examiner in charge of interferences in such case, to the board of examiners-in-chief; having once paid the fee for such appeal.

FROM EXAMINERS-IN-CHIEF TO COMMISSIONER.

SECTION 4910. If such party is dissatisfied with the decision of the examiners-in-chief, he may, on payment of the fee prescribed, appeal to the Commissioner in person.

FROM THE COMMISSIONER TO THE SUPREME COURT. SECTION 4911. FROM THE COMMISSIONER TO

THE SUPREME COURT OF APPEALS, D. C.

SECTION 9. That the determination of appeals from the decision of the Commissioner of Patents, now vested in the general term of the supreme court of the District of Columbia, in pursuance of the provisions of section seven hundred and eighty of the Revised Statutes of the United States, relating to the District of Columbia, shall hereafter be and the same is hereby vested in the court of appeals created by this act; and in addition, any party aggrieved by a decision of the Commissioner of Patents in any interference case may appeal therefrom in said court of appeals.

NOTICE OF SUCH APPEAL.

SECTION 4912. When an appeal is taken to the Supreme Court of the District of Columbia, the appellant shall give notice thereof to the Commissioner, and file in the Patent-Office, within such time as the Commissioner shall appoint, his reasons of appeal, specifically set forth in writing.

PROCEEDINGS ON APPEAL TO SUPREME COURT.

SECTION 4913. The court shall, before hearing such appeal, give notice to the Commissioner of the time and place of the hearing, and on receiving such