In  case  of  an  assignment  of  the  whole  interest  in  the  inven-
tion, or  of  the  whole  interest  in  the  patent  to  be  granted,  the  patent
will,  upon  request  of  the  applicant,  issue  to  the  assignee  ;  and  if
the  assignee  hold  an  undivided  part  interest,  the  patent  will,  upon
like  request,  issue  jointly  to  inventor  and  assignee  ;  but  the  assign-
ment in  either  case  must  first  have  been  entered  of  record,  and  at
a  day  not  later  than  the  date  of  the  payment  of  the  final  fee  ;  and
if  it  be  dated  subsequently  to  the  execution  of  the  application,  it
must  give  the  date  of  execution  of  the  application,  or  the  date  of
filing,  or  the  serial  number,  so  that  there  can  be  no  mistake  as  to
the  particular  invention  intended.  The  application  and  oath  must
be  made  by  the  actual  inventor,  if  alive,  even  if  the  patent  is  to
issue  to  an  assignee.  If  the  inventor  be  dead,  it  may  be  made  by
the  executor  or  administrator.     Mules  of  Prac.  No.  26.
The  assignment  contemplated  by  the  above  section  and  rule  is
an  assignment  of  the  invention  and  inchoate  right  to  obtain  a  pat-
ent ;  and  is  quite  distinct  from  the  assignment  of  the  letters  patent
when  obtained  ;  which  is  covered  by  section  4898.  The  law  allows
an  inventor  to  transfer  his  invention  before  patenting  it ;  after
which  an  application  may  bo  prosecuted  by  the  transferee  or
assignee,  and  the  patent  issued  to  him  ;  and  the  inventor  becomes
estopped  by  his  antecedent  contract  of  assignment  from  claiming
any  adverse  title  to  the  patent  subsequent  to  its  issue.    Herbert  v.
