Imágenes de páginas

Cape Fear ri For continuing the improvement of the navigation of Cape Fear ver.

river, below Wilmington, North Carolina, ten thousand dollars; Opening pas For opening a passage, of fifty yards wide and seven feet deep, at low sage between the town of

water, between the town of Beaufort and Pamlico sound, North CaroBeaufort and lina, and for improving New river, in addition to two sums of five thouPamlico sound, sand dollars each, appropriated at the last session of Congress for the and improving harbor of Beaufort and for New river, twenty thousand dollars; Channel be For continuing the improvements of the inland channel between tween St. Ma- Saint Mary's and Saint John's, Florida, five thousand dollars ; ry's and St. John's.

For continuing the improvement of the Cumberland river in KenCumberland

tucky and Tennessee, according to the report of Colonel Abert, United river.

States Engineer, dated February twenty-third, eighteen hundred and thirty-five,

of the survey of said river, fifty-five thousand dollars ; Red river. For continuing the removal of obstructions in the Red river, sixty

five thousand dollars; • Ohio river. For continuing the improvement of the Ohio river between the falls

and Pittsburg, sixty thousand dollars; Ohio and Mis For continuing the improvement of the navigation of the Ohio and sissippi rivers. Mississippi rivers, from Louisville to New Orleans, sixty thousand

dollars; Mississippi ri For continuing the works for the removal of the obstructions to the ver.

navigation of the Mississippi river at its mouth, two hundred and ten

thousand dollars ; Arkansas ri For continuing the works for the removal of the obstructions to the ver.

navigation of the Arkansas river, in addition to the unexpended balance

of thirty-five thousand dollars, the sum of twenty-five thousand dollars; Mississippi and For continuing the improvement of the Mississippi river above the Missouri rivers. mouth of the Ohio, and of the Missouri river, forty thousand dollars ;

Mississippi ri For the erection of a pier in the Mississippi river, near Saint Louis, ver.

including the sum of fifteen thousand dollars, appropriated for that pur

pose at the last session of Congress, fifty thousand dollars; Ohio, Missouri For improving the navigation of the Ohio, Missouri, and Mississippi and Mississippi rivers, and to replace the steam snag-boat, Archimedes, sunk in the Steam snag

Mississippi river in November last, twenty-three thousand dollars : boat Archi For continuing the survey of Black and White rivers in Arkansas medes. Black and

and Missouri, one thousand dollars; White rivers. For making a survey from the southern debouche of the Dismal

Survey with a Swamp canal, down the Pasquotank river to Elizabeth, thence to view to deter- Croatan Sound, Pamlico and other sounds, near the coast of North ticability of an Carolina; and thence by the most practicable route to Winyaw bay, in

South Carolina, with a view to determine the practicability of opening nication betw'n the Chesapeake

an inland communication for steam navigation, from the Chesapeake and Charleston, bay to Charleston South Carolina, ten thousand dollars; S.C.

For improving the harbor of New Brunswick, New Jersey, by reNew Bruns moving the obstructions in the Raritan river in addition to the appro wick harbor.

priation of July four, eighteen hundred and thirty-six, six thousand nine

hundred and sixty-three dollars; When the cor Sec. 2. And be it further enacted, That when the corporate authorities of Alexan. ties of the town of Alexandria shall deposite the stock held by them in dria deposite the Alexandria Canal Company, in the hands of the Secretary of the their stock in Treasury, with proper and competent instruments and conveyances in the Alexandria Canal Com

law to vest the same in the Secretary of the Treasury and his succespany, in the sors in office, for and on behalf of the United States, to be held in trust hands of the

Se- upon the same terms and conditions in all respects as the stocks held in Treasury, with

the Chesapeake and Ohio Canal by the several cities of this District, proper instru were required to be held in and by virtue of the act approved on the ments, &c., to seventh day of June, eighteen hundred and thirty-six, entitled "An act in him, &c., he for the relief of the several corporate cities of the District of Columbia," is authorized to that the Secretary of the Treasury be, and he is hereby authorized and

directed to advance, out of any moneys in the Treasury not otherwise advance, from appropriated, to the Alexandria Canal Company, from time to time, as time the progress of the work may require the same, such sums of money,

the moneys ne

cessary to comnot exceeding three hundred thousand dollars, as may be necessary to plete said

canal, complete the said canal to the town and harbor of Alexandria; Pro. not exceeding

$300,000. vided, That the Alexandria Canal Company, in the construction of the

Proviso. remaining piers, abutments and works of their aqueduct over the Potomac river, are hereby prohibited and restrained from throwing earth or clay into the open river, and are required with the money furnished by this bill to remove all earth and clay, heretofore deposited by them in the river. APPROVED, March 3, 1837.

STATUTE II. CHAP. XLV.- An Act in addition to the act to promote the progress of science March 3, 1837.

and useful arts. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who Patents issumay be in possession of, or in any way interested in, any patent for an ed, and assign: invention, discovery, or improvement, issued prior to the fifteenth day and recorded of December, in the year of our Lord one thousand eight hundred and prior to 15th

December, thirty-six, or in an assignment of any patent, or interest therein, exe

1836, may be recuted and recorded prior to the said fifteenth day of December, may, corded anew, without charge, on presentation or transmission thereof to the Commis- &c. sioner of Patents, have the same recorded anew in the Patent Office, together with the descriptions, specifications of claim and drawings annexed or belonging to the same; and it shall be the duty of the Commissioner to cause the same, or any authenticated copy of the original record, specification, or drawing which he may obtain, to be transcribed and copied into books of record to be kept for that purpose; and wherever a drawing was not originally annexed to the patent and referred to in the specification, any drawing produced as a delineation of the invention, being verified by oath in such manner as the Commissioner shall require, may be transmitted and placed on file or copied as aforesaid, together with the certificate of the oath; or such drawings may be made in the office, under the direction of the Commissioner, in conformity with the specification. And it shall be the duty of the Com- Measures to be missioner to take such measures as may be advised and determined by taken to obtain the Board of Commissioners provided for in the fourth section of this be recorded, act, to obtain the patents, specifications, and copies aforesaid, for the &c. purpose of being so transcribed and recorded. And it shall be the duty Clerks of the of each of the several clerks of the judicial courts of the United States, Uds, to transto transmit, as soon as may be, to the Commissioner of the Patent Office, mit statements a statement of all the authenticated copies of patents, descriptions, of authenticated specifications, and drawings of inventions and discoveries made and copies of paexecuted prior to the aforesaid fifteenth day of December, which may or to 15th' Debe found on the files of his office; and also to make out and transmit to cember, 1836,

&c. said Commissioner, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing, which shall be specially required by said Commissioner.

Sec. 2. And be it further enacted, That copies of such record and Certified copies drawings, certified by the Commissioner, or, in his absence, by the chief of such record, clerk, shall be prima facie evidence of the particulars of the invention dence in any ju. and of the patent granted therefor, in any judicial court of the United dicial couri 'U. States, in all cases where copies of the original record or specification S., &c. and drawings would be evidence, without proof of the loss of such originals; and no patent issued prior to the aforesaid fifteenth day of No patent,&c.

(a) An act to promote the progress of useful arts, and to repeal all acts and parts of acts heretofore made for that purpose, July 4, 1836, chap. 357.

issued, &c., pri- December, shall, after the first day of June next, be received in evior to 15th De. dence in any of the said courts in behalf of the patentee or other person be received in who shall be in possession of the same, unless it shall have been so evidence in said recorded anew, and a drawing of the invention, if separate from the courts after 1st patent, verified as aforesaid, deposited in the Patent Office; nor shall

unless recorded

any written assignment of any such patent, executed and recorded prior anew.

to the said fifteenth day of December, be received in evidence in any of the said courts in behalf of the assignee or other person in posses

sion thereof, until it shall have been so recorded anew. New patents Sec. 3. And be it further enacted, That whenever it shall appear to to be issued for the Commissioner that any patent was destroyed by the burning of the those da stor de Patent Office building on the aforesaid fifteenth day of December, or before 15th De. was otherwise lost prior thereto, it shall be his duty, on application cember, 1836. therefor by the patentee or other person interested therein, to issue a

new patent for the same invention or discovery, bearing the date of the original patent, with his certificate thereon that it was made and issued

pursuant to the provisions of the third section of this act, and shall Proviso. enter the same of record: Provided, however, That before such patent

shall be issued, the applicant therefor shall deposite in the Patent Office a duplicate, as near as may be, of the original model, drawings, and description, with specification of the invention or discovery, verified by oath, as shall be required by the Commissioner; and such patent and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in any judicial court of the United States, and shall protect the rights of the patentee, his administrators, heirs, and assigns, to the extent only in which they would have been protected by the

original patent and specification. Duplicates of Sec. 4. And be it further enacted, That it shall be the duty of the certain models Commissioner to procure a duplicate of such of the models destroyed to be procured.

by fire on the aforesaid fifteenth day of December, as were most valuable and interesting, and whose preservation would be important to the public; and such as would be necessary to facilitate the just discharge of the duties imposed by law on the Commissioner in issuing patents,

and to protect the rights of the public and of patentees in patented inProviso. ventions and improvements : Provided, That a duplicate of such models Further pro may be obtained at a reasonable expense: And provided, also, That the viso.

whole amount of expenditure for this purpose shall not exceed the sum A temporary of one hundred thousand dollars. And there shall be a temporary board board of com

of commissioners, to be composed of the Commissioner of the Patent missioners to be appointed; their Office and two other persons to be appointed by the President, whose duties.

duty it shall be to consider and determine upon the best and most judicious mode of obtaining models of suitable construction; and, also, to consider and determine what models may be procured in pursuance of, and in accordance with, the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms, and conditions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provisions of this

section into effect, according to its true intent. Patents re Sec. 5. And be it further enacted, That, whenever a patent shall be turned for cor returned for correction and re-issue under the thirteenth section of the der 13th section act to which this is additional, and the patentee shall desire several of act to which patents to be issued for distinct and separate parts of the thing patented, this is addition- he shall first pay, in manner and in addition to the sum provided by

Act of 1836, that act, the sum of thirty dollars for each additional patent so to be ch. 357. issued; Provided, however, That no patent made prior to the aforesaid Proviso.

fifteenth day of December, shall be corrected and re-issued until a duplicate of the model and drawing of the thing as originally invented, verified by oath as shall be required by the Commissioner, shall be deposited in the Patent Office;

Nor shall any addition of an improvement be made to any patent No addition, heretofore granted, nor any new patent be issued for an improvement &c. to be made made in any machine, manufacture, or process, to the original inventor, heretofore granassignee, or possessor, of a patent therefor, nor any disclaimer be ad- ted, &c. until a mitted to record until a duplicate model and drawing of the thing origi- verified dupli. nally intended, verified as aforesaid, shall have been deposited in the ate model, &c.

is , . Patent Office, if the Commissioner shall require the same; nor shall any patent be granted for an invention, improvement, or discovery, the model or drawing of which shall have been lost, until another model and drawing, if required by the Commissioner, shall, in like manner, be deposited in the Patent Office;

And in all such cases, as well as in those which may arise under the Compensation third section of this act, the question of compensation for such models for models, &c. and drawings shall be subject to the judgment and decision of the commissioners provided for in the fourth section, under the same limitations and restrictions as are therein prescribed.

Sec. 6. And be it further enacted, That any patent hereafter to be Patents hereissued, may be made and issued to the assignee or assignees of the in- after to be is

sued. ventor or discoverer, the assignment thereof being first entered of record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in the office, and the other to be annexed to the patent, and considered a part of the specification.

Sec. 7. And be it further enacted, That, whenever any patentee shall Whenever any have, through inadvertence, accident, or mistake, made his specification patentee shall, of claim too broad, claiming more than that of which he was the ori- through inadginal or first inventor, some material and substantial part of the thing make his specipatented being truly and justly his own, any such patentee, his adminis. fication too trators, executors, and assigns, whether of the whole or of a sectional &c. may make interest therein, may make disclaimer of such parts of the thing patented disclaimer, &c. as the disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the Patent Office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him subsequent to 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 the same.

Sec. 8. And be it further enacted, That, whenever application shall Applications be made to the Commissioner for any addition of a newly-discovered for additions to improvement to be made to an existing patent, or whenever a patent ed improveshall be returned for correction and re-issue, the specification of claim ments to be annexed to every such patent shall be subject to revision and restriction, made to existing in the same manner as are original applications for patents; the Com- pateuts, &c. missioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the decision of the Commissioner; and in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law in the case of original applications for patents. VOL. V.--25


When by mis- Sec. 9. And be it further enacted, any thing in the fifteenth section take, &c. any of the act to which this is additional to the contrary notwithstanding, to be the origin. That, whenever by mistake, accident, or inadvertence, and without any al inventor of wilful default or intent to defraud or mislead the public, any patentee part of the thing shall have in his specification claimed to be the original and first inpatented, of which he was

ventor or discoverer of any material or substantial part of the thing not, &c. patented, of which he was not the first and original inventor, and shall

have no legal or just right to claim the same, in every such case the

patent shall be deemed good and valid for so much of the invention or Proviso. discovery as shall be truly and bona fide his own; Provided, it shall be

a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed without right as aforesaid. And every such patentee, his executors, administrators, and assigns, whether of the whole or of a sectional interest therein, shall be entitled to maintain a suit at law or in equity on such patent for any infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which a judgment or verdict shall be rendered for the plaintiff, he shall not be entitled to recover costs against the defendant, unless he shall have entered at the Patent Office, prior to the commencement of

the suit, a disclaimer of all that part of the thing patented which was Further pro- so claimed without right: Provided, however, That no person bringing viso.

any such suit shall be entitled to the benefits of the provisions contained in this section, who shall have unreasonably neglected or delayed to

enter at the Patent Office a disclaimer as aforesaid. Agents to be Sec. 10. And be it further enacted, That the Commissioner is hereby appointed to re- authorized and empowered to appoint agents in not exceeding twenty ceive and for ward models,

of the principal cities or towns in the United States as may best accom&c.

modate the different sections of the country, for the purpose of receiving and forwarding to the Patent Office all such models, specimens of ingredients and manufactures, as shall be intended to be patented or deposited therein, the transportation of the same to be chargeable to the

patent fund. Two examin- Sec. 11. And be it further enacted, That, instead of one examining ing and one co clerk, as provided by the second section of the act to which this is be appointed. additional, there shall be appointed, in manner therein provided, two

examining clerks, each to receive an annual salary of fifteen hundred

dollars; and also, an additional copying clerk, at an annual salary of Temporary eight hundred dollars. And the Commissioner is also authorized to clerks may be employ, from time to time, as many temporary clerks as may be neces

sary to execute the copying and draughting required by the first section of this act, and to examine and compare the records with the originals, who shall receive not exceeding seven cents for every page of one hundred words, and for drawings and comparison of records with originals, such reasonable compensation as shall be agreed upon or prescribed by

the Commissioner. Certificate of Sec. 12. And be it further enacted, That, whenever the application the commission of any foreigner for a patent shall be rejected and withdrawn for want cient warrant to of novelty in the invention, pursuant to the seventh section of the act the Treasurer. to which this is additional, the certificate thereof of the Commissioner

shall be a sufficient warrant to the Treasurer to pay back to such applicant two-thirds of the duty he shall have paid into the Treasury on

account of such application. Affirmation Sec. 13. And be it further enacted, That in all cases in which an may be substi- oath is required by this act, or by the act to which this is additional, if oath.

the person of whom it is required shall be conscientiously scrupulous

of taking an oath, affirmation may be substituted therefor. Moneys paid Sec. 14. And be it further enacted, That all moneys paid into the

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