[QD012E2876], Letter from U.S. Patent Office. Commissioner to Dyer and Seely, Thomas Alva Edison, March 12th, 1889
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Title
[QD012E2876], Letter from U.S. Patent Office. Commissioner to Dyer and Seely, Thomas Alva Edison, March 12th, 1889
Editor's Notes
Referring to applicant's letter of Feb. 23 last, attention is again called to the decision of the Commissioner in ex parte Holt, 29 O.G., 171. The rule here laid donw is that "Applications for letters patent are to be divided only upon lines drawn between separable and distinct parts of the thing invented."##The above is emphsized and reiterated by the later decision in ex part Smith, 44 O.G., 1183, directing the Examiner to refuse to recognize or proceed with the examination of the divisional case.##The present claims Nos. 1 and 2 of this applications, are regarded as covering the identical subject matter embraced in claim four of applicant's case No. 146--30 filed Dec. 11, 1879##The fact that the last named claim described a filament consisting of carbon made from "fibrous or textile material", has not effect in limiting or narrowing the invention set forth. A filament of any other character would serve perfectly as an equivalent so far as this combination is concerned. If applicant can make it clear that there are distinguishing features between these claims, he is requested to do so; but, meanwhile, the former action will be insisted upon, and no furhter action upon the merits will be had until the question of division is disposed of.
Recipient
Date
1889-03-12
Type
Subject
Folder/Volume ID
QD012E-F
Microfilm ID
47:1253
Document ID
QD012E2876
Publisher
Thomas A. Edison Papers, School of Arts and Sciences, Rutgers University