Spaeth v. Barney

The demurrer to the bill is based on two grounds: First, that it does not allege, with sufficient certainty, that a proper cause existed for surrendering the original patent and taking out the reissue; and, second,-.that it does not allege facts necessary to show that the commissioner of patents had jurisdiction to entertain the application for the reissue. Section 4916 of the Bevised Statutes provides as follows :

“Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more…