Morrison Waite

“ In all cases where there is no opposing party, a copy of the bill shall be served on the commissioner; and all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not.' On the filing of the bill, a subpoena was issued commanding the 'commissioner of patents of the United States of America' to appear before the court in Vermont and answer. ”

“ The applicant is to have his remedy under that section by bill in equity, and by the adjudication 'of the court having cognizance thereof, on notice to adverse parties, and other due proceedings had.' A bill in equity implies a suit in equity, with process and parties. The prayer for process is one of the component parts of the structure of a bill, and its purpose is to compel the defendant to appear and abide the determination of the court on the subjectmatter of the proceeding. ”

“ It is an exemption which he may waive, but unless waived he need not answer, and will not be bound by anything which may be done against him in his absence. What is here said, of course, does not apply to cases where the suit is brought and service is made under sections 736, 737, and 738 of the Revised Statutes.
Without considering any of the other questions which have been presented in the argument, or which might be suggested under the statute, we reverse the decree of the circuit court and remand the cause, with instructions to dismiss the bill without prejudice, for want of jurisdiction. ”