Section 4893. On the filing of any such application and the payment of the fees required by law, the Commissioner of Patents shall cause an examination to be made of the alleged new invention or discovery; and if on such examination it shall appear that the claimant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the commissioner shall issue a patent therefor.

The determination of all questions of law or fact involved in the allowance or rejection of an application is primarily within the jurisdiction of the patent office.30

29 Whittemore vs. Cutter, 1 Gall. (U. S.), 429, 29 Fed. Cas. No. 17, 600.

30 Hunt vs. Howe, Mac. A. Pat. Cas., 366, 12 Fed. Cas. No. 8, 891.