New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-11-16
The TeleRrnph Qur,tinn.

An article under the above caption signed
NoRIov appeared 10 your psper Of the 9Th inst which
from ifs gross Misrepresentation and mslevoence ~
parent upon - face il unworthy particular reply
The attack upon the Patent Oce and attempts Of the
writer inJlre the reputation Of IL ocers seems g. b
wholly grstut0us and Indicates anything but honest
purpose discuss before the public the extent Or
diiy Of Morse patent The grant Of patent q under
the present az but prua ae1 evidence and i Morse
opposers are dissatisfied with the actou Of the Patent
Once n the Of ne patents they have fal remedy
st law and i would have been much more becoming II
they had withheld their abuse Of this department Of
Government until the question had been tested By
Judge and Jury
one statement however. contained in that article
the substance Of which furnished by Mr.. Balm
c0rding % his own confession WI notice orery with
q view % meet il errors Mr. Balm j. subject Of
Great Britain recently arrived 10 this country Tor the
purpose Of securing an American patent and from
want Of knowledge VI the practice ~ Patent once
and customs Of society here mas doubtless been
led INTO error. Mr Balm states that
msssrs Page and Gale AFTER having examined - pa
pers and models, n.1t went privately INTO a. ota exam
nsuon OF the csves. then 10 the oce ard " former pa
and invention. here and elsewhere and after Two or
three hours Of inquiry pronounced ssns application "a
siacOy declared there wss 90 Interference and sssur
"a him hat patent would issue forthwith
There deviation from the rules Of the Office
in the examination of Mr. Bans case n0tHlfhsta ndng
the above assertions Of Mr Balm The course pursued
application had been fully reported % my desk. a. TX
sminer, ! commenced an examination Of the public
journals works upon the subject and public records %
the Office In this invest CATION my assistant Dr. Gale
took no part whatever nor had he any duties % per
form IN relation 10 the case, until Il had passed my
hands for examination OF caveats before the na ssue
Will remark mere that was much grarhed with Mr.
Balm invention and although the novelty m the most
essential point very slight yet u appeared 20 be
Of great importance in IL practical aspect and with
view 10 strengthen his claim upon this point sug
!. .k.. IL UaHN
and bis agent seemed pleased and which they readily
adopted
After my examination had been concluded my name
was put upon he face Of his H. which In the oicis
practice shows that the passed the Examiners
hands and the papers then handed 20 the Assist
DR. Gale, according % the universal usage for the
examination OF the caveats.
Caveats are seldom seen By the Examiners, aud IS
there generally not more than I'VE or six interior
ng the I'VE six hundred patents granted
10 the course OF year the chance of interference
very small and although applicants apt 70 consider
their patent safe when the nrst examination has been
completed by the Examiner yet they are liable 10 De-
stopped their several stages Of routine through the
Office either BY interfering caveats by the Chief Clerk
who orders the 10 issue stter the caveats have
been examined. or By the Commissioner when he
comes 70 award the patent When this had passed
my hands Mr. Balm info rmed that 10 had pdssed.
aning of in the usual wsy-snd that thus Tar
there interference. The case was put into the
hands of the Assistant Examiner near the close OF the day
and short time before the close OF the Office he select
I'd such caveats upon the subject OF elegaphs
aud had them laid by themselves for examination the
next day How well this COMFORTS with Mr. Ban's &C
cOun; leave others TO Judge. viii remark here mat
IL my Assistant had known that there was one or any
number Of caveats upon the subject OF Ielegraphs
would have been a violation OF duty 10 have even hint
"a this fact Mr.. Balm. and information could
have been given him upon this point until II had been
fully sscerained what wss the precise nature OF these
Caveats upon Tcegraphs
Mr. Bsis then goes on 10 state Balm then invited
the chief clerk with Page and Gale, % spend the eve
ming at his hotel they came accordingly and eit
abruptly but the clerk stayed and Ia recent appeal
10 the American public, the proosheet Of which Mr.
Balm has forwarded 20 the Comu ssiOner of Patents be-
says he felt hurt At the time that Page and 6he lett al
an early hopr" Mr. Balm invited Or. Gale aud myself
visit him that evening A. he lodgings ana previous
TO our leaving the Office ] consulted Or. Gale A.
10 the propreiy of visiting Mr. Balm, We were IN the
habit of refusing frequent invitations 20 dine ana sup
with persons having business with the Office We con
cludcd however, 10 60, IS Mr.. Balm was an entire
stranger I'M our land and with the expectation OF being
entertained with some account Of Mr. balns various
inventions the condition of the arts IN his own country
sc. Unexpectedly. met the Chief Clerk OF toe office
there who doubtless came with similar hopes with
ourselves and unexpectedly after an hours cOnversa
ton found ourselves invited 20 paTtakc Of stump
tuOus entertainment After sitting Tor long time
through the usual ceremonies OF Teasing At about the
hour OF ten in the evening. Or Gale and myself re-
tired. thanking Mr. Balm for his kindness. Whatever
stay be Mr. Bans rules Tor early hours we leit Al
such time we thought proper 10 De nome Win our
families viz 10 at night and II We LETT abruptly IS he
states il must be that Mr Balm has English rules OF
etiquette with which are unacqusnted do not
know If Mr. Balm had any improper motive IN Inviting
US 10 see him his lodgings and there spreading the
festive board nor do know why be should have been
II we had LETT abruptly or Al Al early hour
hour, ~ he states.
Mr. Balm then continues
"Tha, next morning Seuel and BAN visited the Patent
Ofce see how long would lake Col holne TO copy
Tie documents Page replied that there Interference
that Morse lad entered caveat for an invention similar
20 lhs OF dated January D. 47 that the csveai had
run out. that the Gay 10 had nun out January ~
1881 aud shortly before the arrival Of Balm and Seue,
Morse had applied for patent fo he Bans invention
Was not singular that The examiner aud bis assistant
examiner were entirely ignorant VI al nssseu aei
long and careful examination made on the previous day
Worse and When serrell spilled for copy Of
Morses specification and sent i u BAN 10 EUROPE, pro
fessed 10 BE- dated January - 5is and 10 Bans ssoa,h-
meni Page snd Gaze proved to De me ony 70 a.
test the genuineness Of document OF Nhcn themselves
al declared aim and se're their perfect ignorance OF
i,s existence copy Of Morses esveai wac refused
returned from kurOpeprocecded A. AID 70 W ash
ngtOnbu did get sshg Of The caVrai or aud OUT who
hsd n-Page ard Gale are electro
comments shall oder The whole affair i before
the Commissioner
Mr Bsin thinks it very singular tia. the Examiner
was ignorant OF this interference after the long aud
careful examination q the previous day and Is much
more surprised At this fact when PAGE and Gale were
the only witnesses OF the specification Of Morse belong
Ing 10 this application. Dr. Gale and myself witnessed
the signature of Prot Morse and Is generally the
case without examining the contents OF the paper
Persons frequently, FOR convenience call upon Us and
others the Office 70 attest their signature 70 papers
the character and purpose OF Nulcu arr uut tAhHlutl
there being neither time occasion 70 make inqui
res think il very likely that both Dr. Gale sud my
-e knew At the time OF our sttestatlon the general
purport OF the paper, for instance, that II was
Chemical Telegraph for making his teegraPhic chArac
ers but is precise nature and advantages were never
known 70 me until tbs examination 10 reference % IN
reference with Bsins application. But IN THIS case u
Is perfectly immaieria whether Knew il fully or did
not Neither DR.. Gale myself were aware a. the
time OF Bans application that Morse had any spplca
ton before the Office for patent Tor TINS inventonr
nor would the fact so surprising 20 Nj BAN Of our
aiiestng MS signature even careful Perusa OF me
paper have given Us this knowledge. THIS Application
OF Morse il appears after having been duly nec 10
the Office with the Chief Clerk placed Immediately
IN the secret archives and not even the circumstance
Of hlug the application became known % Us until the
discovery OF the Interference The cavesi Of Morse
was dead letter Al the time Of balns application
ths, Morse righi 20 notice was concerned,
and 10 information Of the expired cayeat would have
ever been given 70 Mr. Balm II the interference WITH
the new application IN the secret archives lad not made
Il proper and necessary trust this eXplsilon vii de
pei some OF Mr. Bain wonder ~ our torgetfulness
10 j. possible though DO not believe u that M BAN
wss informed that 50 lar As the caveats had been exam
med there WAS no interference and then that upon
the examination the next day, the inter
ierinr application was discovered The presumption
that nothing said 20 him shout caveats that day
Or Gale il quite that be did not examine the ca
Yeats until the second dsy. II the examination had
.,,i-aiv eorrnated the rrst taV according