the law
requires that the application be accompanied with specimens of
ingredients, and of the composition of matter, sufficient in quantity
for the purpose of experiment.
ON GRANTING ANEW LOST PATENTS.
SEC. 28. The third sec. of the act of March 3, 1837, provides:
'SEC. 3. And be it further enacted, That whenever it shall appear to
the Commissioner that any patent was destroyed by the burning of the
Patent Office building on the aforesaid fifteenth day of December, or
was otherwise lost prior thereto, it shall be his duty, on application
therefor by the patentee, or other persons 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 enter the same of record; Provided, however, That
before such patent shall be issued, the applicant therefor shall
deposit 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 it 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.'
PROCEEDINGS ON APPLICATIONS FOR PATENTS, AND ON APPEALS FROM DECISIONS
OF THE COMMISSIONER.
(Act of 1836, Section, 7.)
SEC. 29. 'That on the filing of any such application (consisting of
petition, specification, model, and drawings, or specimens,) and the
payment of the duty hereinafter provided, the Commissioner shall make,
or cause to be made, an examination, of the alleged new invention or
discovery; and if, on any such examination, it shall not appear to the
Commissioner that the same had been invented or discovered by any
other person in this country prior to the alleged invention or
discovery thereof by the applicant, or that it had been patented or
described in any printed publication in this or any foreign country,
or had been in public use or on sale, with the applicant's consent or
allowance, prior to the application, if the Commissioner shall deem it
to be sufficiently useful and important, it shall be
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