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A Critique of the Attorney and the Application as Presented

Hall F. Susie, Mineral Patenting Procedures (1975)

After the approval of the mineral survey if one is required, the first and one of the more important actions to be taken is posting of notice of intention to apply for patent. The notice of the application which is to be published is equally important. These two documents constitute notice to any rival claimants or others with an interest in the lands that a patent application is pending. Extreme caution must be exercised in the preparation of these notices.

If the claims are located by legal subdivision, the misplacement, ommission or insertion of a comma or a simple typographical error in the legal description in the notices can completely change the acreage and physical location of the claims. In the metes and bounds description of claims taken by mineral survey, it is imperative that each bearing and distance be accurate or the description will not close. A metes and bounds description must be so complete that a person, armed with the description, can go on the ground and trace the boundaries of the claims being applied for. The exclusion of conflicting claims and other lands should be set out with sufficient clarity so that there can be no mistake as to the applicant's intentions. Vague exclusions can invite an adverse claim.

It is not unusual to have to require an applicant to post a new notice of intention because the original notice is defective. The m