Specification

The letters in this case were taken out in 1834, under the act of 1793, and the law did not then require the patentee or the commissioner to make the specification a part of the letters patent, as it does by the act of 1836. But the inventor still had a right, if he pleased, for greater fulness and clearness, not only to file a specification as such, and as the law directed, but to advise the Patent-Office also to incorporate it into the letters as a part of them by express terms of reference.

A particular and detailed account of a thing. For example, in order to obtain a patent for an invention, it is necessary to file a specification or an instrument of writing, which must lay open and disclose to the public every part of the process by which the invention can be made useful. If the specification does not contain the whole truth relative to the discovery, or contains more than is requisite to produce the desired effect, and the concealment or addition was made for the purpose of deception, the patent would be void; for if the specification were insufficient on account of its want of clearness, exactitude, or good faith, it would be a fraud on society that the patentee should obtain a monopoly without giving up his invention. 2 Kent, Comm. 300; 1 Bell, Comm. pt. 2, c. 3, § 1, p. 112; Perpigna, Pat. 67; Renouard des Brevets d'Inv. 252. See "Patent." In Military Law. The clear and particular description of the charges preferred against a person accused of a military offense. Tytler, Mil. Law, 109.

A particular and de tailed account of a thing. When used in the patent law without the word claim,, it means the description and claims. Wilson v. Coon, 6 Fed. 611. See Patent. In Military Law. The clear and particular description of the charges preferred against a person accused of a military offence. Tytler, Courts-Mar. 109.

As used in the law relating to patents and in building contracts, the term denotes a particular or detalled statement of the various elements involved. Gilbert v. U. S., 1 Ct. Cl. 34; State v. Kendall, 15 Neb. 262, 18 N. W. 85; Wilson v. Coon (C. C.) 6 Fed. 614, In military law. The clear and particular description of the charges preferred against a person accused of a military offense. Tytler, Mil. Law, 109; Carter v. Mc-Claughry, 183 U. S. 365, 22 Sup. Ct 181, 46 U Ed. 236. In the law of personal property. The acquisition of title to a thing by working it into new forms or species from the raw material; corresponding to the specificatio of the Roman law. See Lampton v. Preston, 1 J. J. Marsh. (Ky.) 462, 19 Am. Dec. 104.

In practice. A detailed and particular enumeration of several points or matters urged or relied on by a party to a suit or proceeding; as, a "specification of errors," or a "specification of grounds of opposition to a bankrupt's discharge." See Railway Co. v. McArthur, 96 Tex. 65, 70 S. W. 317; In re Glass (D. C.) 119 Fed. 514.

A statement of the species or particulars; an account or nar- 'rative in detail. As, a specification of the items of a claim, the plans and specifications of a building. In architecture, not only the dimensions and mode of construction, but a description of every piece of material — its kind, length, breadth, thickness, and the manner of joining -separate parts.' See Jones v. Watson, Contract, Executed. In patent law, see Invention; Issue, 1; Patent, 8.

A particular and detailed account. In the law of contracts, it denotes an extended statement annexed to complex building contracts, agreements for construction of public works, and the like, describing the details of the erection or structure intended. In the law of patents, it is an exact, particular description furnished by an applicant for a patent of the nature of his invention and process of making it, a copy of which is (under the American system) annexed to the patent when issued; and the validity of the patent and extent of the patentee's rights depend largely on his specification.

a term used in the civil law, by which is meant person’s making a new species or subject from materials belonging to another. When the new species can be again reduced to the matter of which it was made, the law considers former mass as still existing, therefore, the new species as accessory to the former subject; but where the thing made cannot be so reduced, as in the case of wine, which cannot be again turned into grapes, there is no place for the fietio juris; and, there, the workmanship draws after it the property of materials. § 25, Inst. de Rer. Div. See Accession; Confuston.