applications are rejected, stating the reasons, and to order a re-examination if the applicant still persists in his claim. (R. S., § 4903.)

1359. When in his opinion an application would interfere with a pending application or an unexpired patent, it is made his duty to notify the applicants and patentee, as the case may be, and to direct the Primary Examiner to proceed to determine the question of priority of invention. And he may issue a patent to the adjudged prior inventor, unless the adverse party appeals within such time, not less than twenty days, as that officer shall prescribe. (R. S., § 4904.)

1360. He is empowered to establish rules for taking affidavits and depositions required in cases pending in the Patent Office, which 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. (R. S., § 4905.)

1361. When an appeal has been taken by an applicant to the Supreme Court of the District of Columbia from the adverse decision of the Commissioner, the latter, on receiving notice from the court of the time and place of hearing, is required to give like notice, in such manner as the court may prescribe, to all parties who appear to be interested therein. He is also required to furnish the court with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal. And he may, at the request of any interested party or of the court, be examined, together with the Examiners of his office, under oath, in explanation of the principles of the thing for which a patent is demanded. A certificate from the court of its proceedings, received by the Commissioner, is required to be placed on file in his office and to govern his further proceedings in the case.

(R. S., §§ 4913,

1362. He is authorized to issue a new patent, to replace an old one, whenever the latter is inoperative or invalid by reason of defective or insufficient specification, or through error in the patentee in claiming more than he had a right to; provided the error has arisen by inadvertence, accident, or mistake, and without fraudulent or deceptive intention. He may in his discretion cause several patents to issue for distinct and separate parts of the thing patented, upon demand of the applicant and on payment of the required fee for a reissue for each of such reissued letters-patent. No new matter, however, shall be introduced into the specification; nor, in case of a machinė patent, shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to himself that such new matter or amendment was a part of the original invention, and was omitted from the specifications by inadvertence, accident, or mistake. (R. S., § 4916.)

1363. It is made the duty of the Commissioner to publish in one newspaper in the city of Washington, and in such other papers published in the section of the country most interested adversely to the extension of a patent as he may deem proper, for at least sixty days prior to the day set for hearing the case, a notice of the application for such extension, and of the time when and place where the same will be considered. (R. S., § 4925.)

He is required, at the time and place designated, to hear and decide upon the evidence produced both for and against the extension, as explained heretofore in section. 1334. (R. S., § 4927.)

1364. He may receive payment of patent fees, to be deposited by him in the Treasury without deduction therefrom. And upon his certificate moneys paid into the Treas.

ury by mistake, as for patent fees, may be refunded by the Treasurer of the United States. (R. S., §§ 4935, 936.)

1365. He may prescribe regulations, other than those specially prescribed by statute and not inconsistent with law, to be complied with by persons desiring the registration of trade-marks. (R. S., § 3937.)

1366. He is prohibited by law from receiving and recording any proposed trade-mark which is not and cannot become a lawful trade-mark; or which is merely the name of a person, firm, or corporation, unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons; or which is identical with a trade-mark appropriate to the same class of merchandise and belonging to a different owner, and already registered or received for registration; or which so nearly resembles such last-mentioned trade-mark as to be likely to deceive the public. This is not to prevent, however, the registry of any trade-mark rightfully in use on the 8th of July, 1870. (R. S., § 4939.)

1367. He is empowered to make rules and regulations, also to prescribe forms, for the transfer of the right to the use of trade-marks, conforming as nearly as practicable to the requirements of law respecting the transfer and transmission of copyrights. (R. S., § 4947.)

1368. The Commissioner is charged with the supervision and control of the entry and registry of prints or labels designed to be used for articles of manufacture, which are required to be entered under the copyright law but may be registered in the Patent Office, in conformity with the regu lations provided by law as to copyright of prints; except that there shall be paid for recording the title of any such print or label not a trade-mark six dollars, which shall cover the expense of furnishing a copy of the record, under seal

of the Commissioner, to the party entering the same. (Act June 18, 1874.)

1369. It is made his duty to furnish, free of cost, one copy of the bound volume of specifications and drawings of patents published by the Patent Office to each of the executive departments, upon the request of the head thereof. (Act March 3, 1875.)

1370. This was established as an independent bureau by act of March 2, 1867, but it was subsequently attached to the Department of the Interior by act of July 20, 1868.

1371. Its duties, as prescribed by the Revised Statutes, are to collect statistics and facts showing the condition and progress of education in the several States and Territories, and to diffuse such information respecting the organization and management of schools and school systems and methods of teaching as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and to otherwise promote the cause of education throughout the country. (R. S., § 516.)

1372. The management of the office is intrusted to an officer styled Commissioner of Education.

He is required to present annually to Congress a report embodying the results of his investigations and labors, together with a statement of such facts and recommendations as will in his judgment subserve the purpose for which the office is established. (R. S., § 517.)

1373. The office is organized into four divisions, viz.: 1. Correspondence, Records, and Documents.

2. Statistics.

3. Translation. 4. Abstracts.

I. THE DIVISION OF CORRESPONDENCE, RECORDS, &C. This division, which is under charge of a Chief Clerk, attends to the briefing, recording, and filing letters re