Commentaries On American Law

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83, allows the patentee to enter a dis- claimer of any part of the title or specification, so as to save the loss of his patent.
But the American act of 1835 makes a more effectual provision, by allowing a sur- render of the defective patent, and taking out a new one for the unexpired part of the term. So the act of 3d March, 1837, ch. 34, sees. 7 and 9, declares that if the specification be too broad, and the patentee claims beyond his original invention, he may disclaim, by writing, duly atte
...sted and recorded, the excess in the specifica- tion, and such disclaimer shall be considered as part of the specification to the ex- tent of his interest in the patent. And if the excessive specification did not arise from wilful default or fraud, the claim shall be good to the extent of the invention, if it be of a material and substantial part of the thing.
(6) Woodcock u. Parker, 1 Gall. Eep. 438. Whittemore v. Cutter, ibid. 478.
1 Hovey v. Stevens, 1 'Wood. & M. Eep. 290. Buck v. Hermance, 1 Blatohf.


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