monogram. The applicant filed a drawing, showing a card upon which was
a monogram of his own name. In his specification he gives certain rules
for forming such monograms, and then says: "It is manifest that the
form of the letters as well as the letters themselves can be changed as
required by circumstances or the taste of the individual for whom the
monogram is designed; and that the general form and outline of the
monogram may be varied; and indeed, must vary to be adapted to the
particular name it is required to represent."

The claim was for "a monogram, visiting card, or visiting card upon
which the name is inscribed or printed in the form of a monogram,
substantially as herein specified."

This application was rejected by the Examiner and Board of
Examiners-in-Chief, but was allowed by the Commissioner upon appeal.

It is true that, before and since this patent was issued, many patents
have been refused for what I have called generic designs. One man having
designed a tack head, ornamented with radial lines, was compelled to
take out one patent for his tack with six radial lines, and another for
the same tack with eight. There are other instances of like character,
but they only serve to show that the practice of the Office has not been
uniform, and that the true practice is still to be adopted and followed.

I have no hesitation in saying, in view of the premises, that a valid
patent may be granted for a new genus or class of ornaments as well as
for specific ornaments, though I do not doubt that, under the statute,
every species, variety, and individual having distinct characteristics
under such a genus might also be patented, the patent being subordinate
and tributary to that which covered the class. From the nature of this