United States Stephen Dodd Law.

Copyright and patent laws of the United States, 1790 to 1870: With notes of ... online

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patent, is the application to steam-boilers of a fusible alloy
which will melt at a»given temperature, and allow the steam to
escnpe, as herein described, using for that purpose the aforesaid



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FORMS UNDER THE PATENT LAWS. ' 219

APPLICATION POK PATENT, BY INVENTOR.

metallic coraponnd, or any other substantially the same, and
which will produce the intended effect.

JOHN FITCH.
Witnesses —

Robert Fulton,
Oliver Evans.

Oath.

City and County of Philadelphia,)

State of Pennsylvania, \ '

On this first day of January, 1857, before me,* the subscriber,
a justice of the peace, personally appeared the within-named
John Fitch, and made solemn oath [or affirmation] that he verily
believes himself to be the original and first inventor of the mode
herein described for preventing steam boilers from bursting, and
that he does not know or believe the same was ever before
known or used ; and that he is a citizen of the United States [or
citizen or subject of other country, as the case may be].

: : BENJAMIN FRANKLIN,

: 5 oEirr : Justice of the Peace.

: INT. BKv. :
: STAMP. :



If the application is made through a solicitor or other person, there
will be required a Power of Attorney, which may be as folic wa

Power of Attorney,

Know all Men by these Presents, That I, John Fitch,
hereby constitute and appoint Robert Morris, of the city of
Philadelphia, or his accredited agent, my Attorney, to prosecute,
before the Patent Office of the United States, the accompanying
application ;^ to alter or modify the Specification and Claim
therein as may be necessary, and as he may deem expedient ; to
rco/eive any Letters Patent which may be granted therefor ; and
ta do all things proper and necessary in the premises, witJi full
power of substitution and revocation.

Witness my hand, this first day of January^ a. d. 1857:

i 6o"o.l^*'i JOHN FITCH.

: INT. a«v. :

: STAMP.



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220 FORMS UNDER THE PATENT LAWS.



APPLIOATION POR PATENT, BY EXECUTOE OE ADMINISTEATOE.



8. Application fob Patent, by bxecutob ob admln-

ISTBATOB OP INVENTOE.

Petition.

To THE OOMMISSIONEB OF PATENTS:

The petition of Robert Morris, of Philadelphia, in the county of
Philadelphia, and State of Pennsylvania, executor of John
iltch, of the same place,

Respectfully bepbesents:

That, as your petitioner is informed and believes, John Fitch,
late of said city, was, during his lifetime, the first and original
inventor of a new and improved mode of preventing steam
boilers from bursting, which your petitioner believes had not
been known or used prior to the invention thereof by said
John Fitch.

That said John Fitch died, at the said city of Philadelphia, on
or about the first day of January, 1857, and that your petitioner,
upon due and proper proceedings being had, and having com-
plied with all the requirements of the law in such cases made
and provided, was appointed executor [or administrator of the
goods and effects] of him, said Fitch.

Your petitioner therefore prays that letters patent of the
United States may be granted to him therefor, vesting in him,
in trust for the heirs at law [or devisees] of said Fitch, the exclu-
sive right to the said invention, upon the terms and condition
expressed in the act of, Congress in that case made and pro-
vided; he having paid fifteen dollars into the treasury, and
complied with the other provisions of the said act.

ROBERT MORRIS,

Executor of John Fitch.

Philadelphia, July 1, 1857.

^cification.

To ALL WHOM it MAY OONOEBN :

Be it known that John Fitch, of Philadelphia, in the county
of Philadelphia, and State of Pennsylvania, invented a new and
improved mode of preventing steam boilers from bursting, and
that the following is a full and exact description thereof, refer-



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FORMS UNDER THE PATENT LAWS. 221

APPLICATION FOR PATENT FOR A DBSIGN.

cDce being had to the accompanTing drawings and to the letters

of reference marked thereon, making a part of this specification.

The nature of the said invention, &o. [The specification will

be the same as before, except that it will be in the third person.]

ROBERT MORRIS,
Witnesses — Executor of John Fitch.

Robert Fulton,
Oliver Evans.

Oath.

City and County op Philadelphia, )
• State of Pennsylvania, \ '

Un this first day of July, 1867, before me, the subscriber, a
justice of the peace, personally appeared the within-named
Robert Morris, and made solemn oath [or affirmation] that he
is the executor [or administrator] of John Fitch, deceased, late
of said city and State, that he verily believes the said John
Fitch was the original and first inventor of the mode herein de-
scribed for preventing steam boilers from bursting ; and that he
does not know or believe the same was ever known or nsed be-
fore the' invention thereof by said John Fitch ; and that the said
John Fitch was, and the said Robert Morris is, a citizen of the
United States.

: : BENJAMIN FRANKLIN,

: 5 CENT ; Justice of the Peace.

; DTP. RBV. :

: BTAMP. :



4. AppLiOATioir FOB Patent fob a design.
Petition.

To THE OOMMISSIONEB OF PATENTS :

The petition of Benjamin West, of the city and county of PhOa-
delphia and State of Pennsylvania,

Respeotfully bepbesents:

That your petitioner has invented or produced a n<
original design or pattern for carpets [or design for s
mark], which he verily believes has rot been known ]



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222 FORMS UNDER THE PATENT LAWS.

APPLICATION FOB PATENT FOB A DESIGN.

the production thereof by your petitioner. He therefore prays
that letters patent of the United States may be granted to hiin
therefor, for the term of three and a half [or seven, or fourteen]
years, vesting in him and his legal representatives the exclusive
right to the same, upon the terms and conditions expressed in
the act of Congress in that case made and provided, he having
paid ten [or fifteen, or thirty] dollars into the treasury and com-
plied with the other provisions of the said act.

BENJAMIN WEST.
Philadklphia, January 1, 1866.

Specification,

To ALL WHOM IT MAT CONOEBN :

Be it known that I, Benjamin West, of the city of Philadel*
phia, in the county of Philadelphia and State of Pennsylvania,
have originated and designed a new pattern for carpets or other
fabrics [or design for a trade-mark], of which the following is a
full, cledr, and exact description, reference being had to the ac-
companying specimens or drawings, making part of this specifi-
cation.

[Here follows a description of the design, with reference to
the specimen or drawing, the specification to conclude as fol-
lows :]

Claim.

What I claim as my invention and desire to secure by letters
patent, is the design or pattern for carpets or other fabrics [or
design for a trade-mark] herein set forth.

BENJAMIN WEST.
Witnesses — i

Noah Websteb,
Nathaniel Bowditoh.

Oaih.

OiTT AND County of Philadelphia, )
State of Pennsylvania, ) *

On this first day of January, 1866, before the subscriber, a jus-

'^tice of the peace, personally appeared the within-named Benjamin

West, and made itolemn oath [or affirmation, as the case may be]

that he verily believes himself to be the original and first inven*



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FORMS HINDER THE PATENT LAWS. 223

APPLICATION FOB KEISSDB, BY OEiaiNAL PATENTEE.

tor, or producer, of the design or pattern for carpets [or design

for a trade-mark] herein described, and that he does not know

or believe that the same was ever before known or used, and

that he is a citizen of the United States.

: ; BENJAMIN FRANKLIN,

: 5 OKNT : Justice of the Peace.

: iKT. a«v. :
: STAMP. :



5. Application fob bbissitb, by thb obiginal

PATBNTEB.

Petition.

To THE OOMMISSIONBB OF PATENTS :

The petition of Samuel Morej, of Philadelphia, in the county
of Philadelphia and State of Pennsylvania,

Respectfully befbesents:

That lie did obtain letters patent of the United States for an
improvement in the boilers of steam-engines, which letters
patent are dated on the first day of March, 1850 ; that he now
believes that the same are inoperative and invalid by reason of
a defective specification, which defect has arisen from inadvert-
ence and mistake. He therefore prays that he may be allowed
to surrender the same, and requests that new letters patent may
issue to him, for the same invention, for the residue of the
period for which the original patent was granted, under the
amended specification herewith presented, he having paid thirty
dollars into the treasury of the United States, agreeably to the
requirements of the act of Congress in that case made and pro
vided.

SAMUEL MOREY.

Philadblphia, January 1, 1860.

Specification.

To ALL WHOM IT MAY OONOEBN :

Be it known that I, Samuel Morey, of Philadelphia, in the
county of Philadelphia, in the State of Pennsylvania, have in-
vented a new and useful improvement in the boilers of steam-



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224 FORMS UNDER THE PATENT LAWS.

APPLICATION FOE REISSUE, BY ASSIGNEB OE EXECUTOE.

engines ; and I do hereby declare that the following is a full
and exact description thereof, reference being had to the accom-
panying drawings, and to the letters of reference marked
thereon.

[The specification will conform substantially to that in the
original application, with sach changes in the description and
claims thereof as shall embrace what is sought to be covered by
the reissue.]

[But as a reissued patent must be for the " same invention for
which the original patent was granted " (act 1836, § 13), care
should be taken not to make any such alterations or changes
as will expand the invention beyond that originally described
or represented, as such enlargement of the invention will vitiate
the patent, even if granted.]



Oath.

OiTT AND County of Philadelphia, )
State of Pennsylvania, J *

On this first day of January, 1860, before the subscriber, a
justice of the peace, personally appeared the above-named
Samuel Morey, and made solemn oath [or affirmation] that he
verily believes that, by reason of an insufficient or defective
specification, his aforesaid patent is not fully valid and available
to him ; and that the said error has arisen from inadvertence,
accident, or mistake, and without any fraudulent or decaptive
intention, to the best of his knowledge or belief.

: ; JAMES DALLAS,

: 5 CKNT : Justice of the Peace.

: INT. BKv. :
: BTAMp. :



6. Application fob reissue by the assignee, or
executor, op the original patentee,

Petition.
To the Commissioner of Patents :

The petition of James 0. Fisher, of Philadelphia, in the county
of Philadelphia and State of Pennsylvania,



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?'ORMS UNDER THE PATENT LAWS. 225

appuoation fob reissue, by assianbe ob exeoutob.

Respectfully eepresents:

That Samuel Morej, of said city, did obtain letters patent of
the United States for an improvement in the boilers of steam-
engines, whicli letters patent are dated on the first day of March,
1850 ; that your petitioner, by an assignment duly made and
executed, bearing date the first day of January, 1855 [or by
mesne assignments duly made and executed], and recorded in
the Patent OflSce of the United States, has become the owner
and holder of said letters patent [or that the said Samuel Morey
departed this life on the tenth day of May, 1858, and that your
petitioner has been duly appointed his executor]; and your
petitioner now believes that the said letters patent are inopera-
tive and invalid, by reason of a defective specification, which
defect has arisen from inadvertence and mistake. He therefore
prays that he may be allowed to surrender the same, and re-
quests that new letters patent may issue to him, for. the same
invention, for the residue of the period for which the original
patent was granted, under the amended specification herewith
presented, he having paid thirty dollars into the Treasury of the
United States, agreeably to the requirements of the act of Con-
gress in that case made and provided.

JAMES C. FISHER.

PraLADELPHiA, January 1, 1860.

Specification.

To ALL WHOM IT MAY OONOEBNI

Be it known that Samuel Morey, of Philadelphia, State of
Pennsylvania, invented a new and useful improvement in steam
boilers, and that the following is a full and exact description
thereof, reference being had to the accompanying drawings and
to the letters of reference marked thereon, and making a part
of this specification.

[The rest of the specification will be as in No. 5, except that it
will be expressed in the third person.]

Oath.

City and County of Philadelphia,
State of Pennsylvania,

On this first day of January, 1860, before the subscriber, a
justice of the peace, personally appeared the above-namea
10»



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226 FORMS UNDER THE PATENT LAWS.

APPLICATION POB EXTENSION, BY PATENTEE.

James 0. Fisher, and made solemn oath [or affirmation] that he
verily believes that, by reason of an insufficient or defective
specification, the aforesaid patent is not fully valid and available
to him ; and that the said error has arisen from inadvertence,
accident, or mistake, and without any fraudulent or deceptive
intention, to the best of his knowledge or belief.

BENJAMIN FRANKLIN,
5 OKKT. : Justice of the Peace.

INT. EBT. :
BTAMP.



7. Application fob extension, by Patentee.
JPetition.

To THE OOMMISSIONEB OF PATENTS I

The Petition of Sebastian Cabot, of Oabotsville, in the county
of Hampden and State of Massachusetts,

Respeotfullt represents:

That your petitioner, on the tenth day of April, 1849, duly
obtained letters patent of the United States, for improvements
in machines for manufacturing weavers' heddles; that said
letters patent were issued in the name of your petitioner [and
were duly reissued to him on the first day of August, 1860, if
such was the fact] : that your petitioner verily believes himself
to be the original and first inventor of said improvement ; that
he has made diligent exertions to put said invention into general
use, and to realize compensation from the public therefor, but
that, without neglect or fault on his part, he has failed to obtain
from the use and sale of said invention a reasonable remunera-
tion for the time, ingenuity, and expense bestowed upon tlie
same, and the introduction thereof into use.

Your petitioner therefore prays, that the said ><»tters patent
may be duly extended, according to law.

SEBASTIAN OATf^OT.
Oabotstills, January 1, 1863.



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FORMS UNDER THE PATEN-T LAWS. 227



APPLICATION FOR EXTENSION, BY PATENTEE.



Statement.



In the matter of the application of
Sebastian Oabot, for the exten-
sion of letters patent of the
United States granted to him
on the 10th day of April, 1849,
for improvements in machines
for manufacturing wire heddles.



Before the Commissioner
of Patents.



Statement and Account, prepared and submitted under (he provisions of
§ 18, ofthaactoflBSe.

The Statement of Sebastian Oabot, of Oabotsville, county of
Hampden and State of Massachusetts, the above-named appli*
cant, respectfully shows:

[Such statement should set forth clearly and intelligibly the
facts and circumstances connected with the original invention,
and its development ; the time and money spent in perfecting
the same ; the efforts that have been made to effect its introduc-
tion into use ; and such facts as go to show or prove the ascer-
tained value of the invention ; and all receipts derived from and
expenditures paid out in connection with such invention, which
receipts and expenditures should be sufficiently in detail to ex-
hibit a true and faithful account of loss and profit, in any man-
ner accruing from and by reason of the invention.

Such statement should also be accompanied by an account,
showing in debit and credit the expenditures and receipts con-
nected with the invention, and set out in the statement.]

SEBASTIAN OABOT.

Oabotsville, January 1, 1863.

Oath.
State of Massachusetts, )

OOUNTY OF HaICPDKN. f * ^

On this first day of January, 1868, before me, the subscriber,
a justice of the peace, personally appeared the above-named
Sebastian Oabot, and made solemn oath [or affirmation] that he
verily believes that the foregoing statement and account, signed
by him, is a true and correct account of the receipts and ex-,
penditures derived from and paid out in connection with hi^ b^i-:



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228 FORMS UNDER THE PATENT LAWS.

DISCLAIMER.

fore-mentioned invention and letters patent, and of the ascer-
tained value of such invention, and that he has, without neglect
or fault on his part, failed to obtain from the use and sale of his
said invention a reasonable remuneration for the time, ingenui-
ty, and expense bestowed upon the same, and its introduction
into use.

: : JAMES NEWBOLD,

: 5 OKWT : Justice of the Peace.



An application for an extension, made by an executor or administra-
tor of tiie patentee, wUl be substantially like the above, except that
changes wiU be made in the petition and oath similar to such as are
set forth and contained in i"'orm 3.



8. Disclaimer.

To Tthb Oommissioneb of Patents :

The petition of Sebastian Oabot, of Cabotsville, in the county
of Hampden and State of Massachusetts,

Respectfully bbpbbsents :

That letters patent of the United States, bearing date the first
day of March, 1850, were granted to your petitioner for certain
improvements in the steam-engine for, " that he has, by assign-
ment, duly recorded in the Patent Office, become the owner of
a right for the r-everal States of Massachusetts, Connecticut, and
Rhode Island, to certain improvements in the steam-engine, for
which letters patent of the United States were granted to John
Doe, of Boston, in the State of Massachusetts, dated on the first
day of March, 1850"]; that he has reason to believe that,
through inadvertence and mistake, the clajun made in the speci-
fication of said letters patent is too broad, including that of
which your petitioner [or the said patentee] was not the first in-
ventor. Your petitioner, therefore, hereby enters his disclaimer
to that part of the claim in the aforenamed specification which
is in the following words, to wit : " I also claim the particular
manner in which the piston of the above-described engine is
constru'cted so as to insure the close fitting of the packing



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FORMS UKDEIi THE PATENT LAWS. 229

APPEAL TO EZAHINEBS IN CHIEF: TO COMMISSIONER 07 PATENTS.

thereof to the cylinder, as set forth;"- which disclaimer is to
operate to the extent of the interest in said letters patent vested
in your petitioner, who has paid ten dollars into the Treasury of
the United States, agreeably to the requirements of the act of
Congress in that case made and provided.
Oabotsville, January 1, 1860. SEBASTIAN OABOT.
Witnesses —
John Dob,
RioHABD Bob.



9. Appeal to bxaminsbs in chief.

To the Oommissioneb op Patents:

Sib : In conformity with section third of the act of Congress
dated 2d March, 1861, I hereby make application for' an appeal
from the decision of the principal examiner in the matter of my
application for a patent for an improvement in the manner of
tripping the valves of steam-engines, rejected a second time on
tenth day of December, 1863, and request that the same may be
heard by the examiners in chief, the fee on appeal required ir
such cases having been paid.

Dated, January 1, 1864. Respectfully,

JOHN ERRICSON.



10. Appeal to the Commissioner of Patents.

To THE COMMISSIONEB OP PATENTS :

SiE : In conformity with section second of the act of Congress
dated 2d March, 1861, I hereby make application for an appeal,
in the matter of my application for a patent for an improvement
in the manner of tripping the valves of steam-engines, fi'om the
decision of the examiners in chief, made therein, on the third
day of February, 1864, and request that the same may bo heard
by you, in person, the fee required by said act having been duly
paid by your peiiiiuner.

JOHN ERRICSON.

Dated, March 1, 1864.



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230 FORMS UNDER THE PATENT LAWS.

APPEAL TO JUSTIOBS SUPREME COURT, DISTRICT OF COLUMBIA.

11. Appeals to the Justices op the Supeemb Cottet
OP THE District op Columbia.

1. In case of refusal of Patent,

To THE Hon. Judges of the Supreme Court of the District
OP Columbia:

The petition of Charles Marshall, of New York, in the conntj
of New York and State of New. York, respectfully showeth, that
he has heretofore invented a new and useful improvement in
machines for crushing ore, and has applied to the Patent Office
of the United States for a patent for the same, and has complied
with the requirements of the several acts of Congress, and with
the rules of the Patent Office prescribed in such cases ; that his
said application has been rejected by the Commissioner of Pat-
ents ; that he has filed in said office his prayer for an appeal
from said decision, and notice thereof to said Commissioner, and
his reasons of appeal, and paid into the same the sum of twenty-
five dollars upon said appeal ; all which will* appear from the
certificate of said Commissioner of Patents hereto annexed.

And the said Charles Marshall prays that his said appeal may
be heard and determined by your Honors, at such time as may
be appointed for that purpose ; and that the Commissioner of
Patents may be duly notified of the same, and directed in what
manner to give notice thereof to the parties interested.

Patent Ofpiob, Washington, I). C, )
January 10th, 1866. \
I hereby certify that the above-named Charles Marshall has
complied with the requisites of the law necessary to perfect his
aforesaid appeal.

T. C. TfiEAKER,

Commissioner of Patents.

To THE Hon. T. C. Theakeb, Commissioner of Patents :

Charles Marshall, of New York, in the county of New York
and State of New York, prays that an appeal may be allowed him
from the decision of your Department, rejecting his application
for a parent for improvements in machines for crushing ore, and
of this you are respectfully requested to take notice.



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FORMS UNDER THE PATENT LAWS. 231

APPEAL TO JUSTICES SUPREME OOUBT, DISTRICT OP COLUMBIA.

And the said Charles Marshall assigns the following reasons
for appealing from the said decision of the Commissioner of Pat-
eats, viz.:

2. In case of rejection on Interference,

To THE Hon. Judges op the Supreme Court of the District
OF Columbia :

The petition of Charles Marshall, of New York, in the county
of New York and State of New York, respectfully showeth,
that he has heretofore invented a new and useful machine for
desulphurizing ores, and has applied to the Patent Office of the
United States for a patent for the same, and has complied with
the requirements of the several acts of Congress, and with the
rules of the Patent Office prescribed in such cases ; that after-
wards it was declared by the Commissioner of Patents that your
petitioner's claims interfered with those of James King, of Aus-
burn, in the county ol Monroe and State of New York, an appli-
cant for a patent for a similar invention, and the question of
priority of invention was determined by him in favor of the
said James King; that your petitioner has filed in said office his
prayer for an appeal from said decision, and notice thereof to'
said Commissioner, and his reasons of appeal, and paid into the
same the sum of twenty-five dollars upon said appeal; all which
will appear from the certificate of said Commissioner of Patents
hereto annexed.

And the said Charles Marshall prays that his said appeal may
be heard and determined by your Honors, at such time as may
be appointed for that purpose ; and that the Commissioner of
Patents may be duly notified of the same, and directed in what
manner to give notice thereof to the parties interested.

CHARLES MARSHALL.

New York, Feb. 1, 1866.



Patent Office, Washington, D. C, \
February 4th, 1866. \
I hereby certify that the above-named Charles Marshall has
complied with the requisites of the law necessary to perfect his
aforesaid appeal.

T. C. THEAKER,

Commissioner of Patents.



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232 FORMS UNDER THE PATENT LAWS.

DEPOSITIONS.

To THE Hon. T. 0. Theaker, Commissioner of Patents :

Charles Marshall, of New York, in the county of New Yorl
and State of New York, prays that an appeal may be allowed
him from the decision of your Department upon the interference


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