The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-03-19

DEcIsIos OF JUDGE GRANGE.
OFFICIAL.
ALExAsDra BAN, Appellant, !

The Commissioner upon hearing, decided that Mr..
Bains claim interfered with Mr.. Morse's and that
Mr.. Morse the first inventor, and rejected the
claim Of Mr. Bain From this decision MI. Balm has
appealed.
ifs contended by the counsel for Mr. Morse, that
the Judge upon appeal has jurisdiction Of the ques-
lion of interference. That an appeals given only
upon the question OF priority Of nrenfon and that
upon the question Of interference, the decision Of
the Commissioner Is conclusive.
Whether Il be thus conclusive, then, Is The hrst
question to be decided.
by the act Of 1896 oh. 1851, Z Il Is enacted that
iii the specification and claim shnll not have been
81 modified as, in the opinion Of he Commissioner
shall entitlc the applicant TO n patent, he may, on
an appeal, and upon request In writing, nave ,'ie
decision OF board OF examiners, 10 be composed OF
three, &C.; and examination and consideration oil
the matter by such board IL shall be 10 their power
OF OF majority Of them, 10 reverse the decision o.
the Commissioner, either in whole or In part; ana
their opinion being certified 10 the Commissioner
he shall be governed thereby in the further procee L
ings TO be had on such application"
This section is applicable to cases where there is
no conflicting applicant and shows that the leglsin
tnre, by saying, " in The opinion efte Commits
sioner,p Ne, did not intend to make that opinion
conclusive On the contrary, Il provides shat the
board shall be furnished with certificate In wriins
OF the opinion und decision Of ihel Commissioner
stating the particular grounds OF his objection, ana
the part parts Of The invention which he considers
as not entitled 10 be patented and that the said
board shall give reasonable notice TO the applicant as
well as TO The Commissioner Of the time ana place q
their meeting &c All these provisions were evil
IDENTIFY intended to enable the board OF examiners to
revise the opinion and decision OF The Commissioner
and show that his opinion was not 10 be conclusive
BY the 9Th section OF the same act, 1881 ~ y
enacted, THAT wherever application saii DO made
for a patent which, IN the opinion 81 ne Commits
soner, wonld Interfere with any other patent Tor
which application may be pending or with any un.
expired patent which shall have been granted snail
be the duty Of the Commissioner TO give notice
thereof To such applicants or paentees as inc case
may be and II either shall be dissatisfied with the
| decision of the Commissioner on the question Of
priority OF right or invention on hearing thereof
he may appeal from such decision, the Ike terms
and conditions provided in the preceding sec
ton Of this acts and the like proceeding shall be had
10 determine which, OF whether either OF the app-
cants Is entitled to receive patent as prayed for
The question OF priority of right or invention ne
cessarily implies Indifference. The Commissioner,
before he could decide the question OF priority, mast
have decided that Of interference; for without inter
ference there can be question OF priority Before
can have jurisdiction Of the question OF priority,
must be satisfied that there Is an interference and
must decide the question OF Jurisdiction as well as
any other question which arises in the cause.
/ The opinion Of the Commissioner mentioned In
The 9Th section that Interference exists only Insfes
him In giring notice thereof 10 the other applicant
and appointing day to hear the parties upon that
question. He decides 1t only pro noe rice; and Tor
that purpose only. Upon that hearing he Is TO de-
cide and from that decision II either shall be dis
satisfied with II, on the question OF priority incud-
ing that OF Interference, he may appeals and upon
such appeal as understand the law, the Judge, In
whether either of the applicants Is entitled to re-
cefve patent prayed for" The scope thus given
to the Judge Is broad enough to include the qies-
ton Of interference, as well as that of priority, II il
should arise.
By the uct Of 1899, CHI So H. tits enacted THAT
in all cases where an appeal is now allowed by law
from the decision OF the Commissioner of Patents,
to board Of examiners provided form the 9TH section
- Ia nd In
stead thereof shall have right TO appeal 70 the Chief
Justice of the District Court Of the United States
for the District of Columbia bygvlng notice there
Of TO the Commissioner and filing In the Patent
Office within such time as the Commissioner shall
appoint, his Of appeal specifically set forth In
writing; and also paying into the Patent Office, 10
the credit Of the patent fund, The sum OF twenty-five
dollars.
land il shall be the duty OF tho said Chief Jus.
ice on petition to hear and determine all such APP
psaIs and to revise such decisions I'M summary
way on the evidence addnced before such Com
missioner, al such early and convenient Time US ne
may appoint; first notifying the Commissioner Of
the time and place of hearings whose duty II shall
be to give notice thereof to al parties who appear 70
be interested therein, In such manner as the said
Judge shall prescribe.
| 1.-THE Commissioners shall also lay before the
said Judge all the original papers and evidence 10 the
case together 1eiM e grounds ot his decision, fully
set forth In writing, touching oil The points throired
by he Of appeal TO which The revision shall
! be confined
One Of the reasons of appeal 10 this case is THAT
there no real and substantial interference between
the two applications.
The question of interference therefore, il involved
by the reasons Of appeal and must be decided BY the
judge. BY limiting the jurisdiction of the Judge 10
the points involved by the reasons OF appeal the leg
isalaro has affirmed it TO that extent
The Interference mentioned In the 9Th section oil
the act Of 1885, must be an interference in respect 10
patcntabls matters and the claims OF the applicants
must be limited 10 the naiers specifically set FORTH
their respective Inventions; and what Is not thus
claimed may, for the purpose Of this preliminary in
fqulry, be considered as disclaimed.
The question then IN does Mr.. Balm claim pas
tent for any matter now patentablc Tor which Mr.
! Morse claims patent?
To answer this gsssiion Il is necessary 10 ascer-
tain for what palenfable matter Sir. Morse now
! claims patent.
In his specification, filed Jan 20, 1913, he says;
'What claim, as my owninvention and improve
ment, is the use OF single circuit OF conductors for
the marking of my Telegraphc signs already paten-
ted, for numerals, letters, words and sentences, by
means OF the decomposing, colonring or bleaching ef
ec,s OF electricity acting upon any known salts thai
leave mark the result of the said decomposition
upon paper, CLOTH metal, or other convenient and
(. known markabla material ] also claim tho inyen.
ton OF the machinery as herein described, for the
purpose Of applying the decomposng, colouriug or
bleaching effects of electricity acting upon known
! salts az herein before described
\ The Commissioner In his written decision in this
case says:"Such use of single circuit u g. TO pro-
OuFt VIcpdfeu pdpeTI Is NOT
the point Of Issue; nor is this claimed by ether party
Said Morse claims using single circuit Of conduc-
tors for certain pnrp0sc, or in certain way; viz.
TO mark his Geographic signs, and also Claims tho
machinery By which he accomplishes this purpose.
Said Balm does not specifically mention in his claim,
| using single circuit, though this mus, be consd.
cred an essential part OF his invention aud claim and
is necessarily invovcdln the final clause OF his claim,
10 witt $50 that in either case these form the recoir
Cd communication, substantially In the manner and
with the effects described and shown"
! The Commissioner proceeds--The third clause Of
the claim Of said Balm with which the true claims Of
said Morse interfere, is as follows, to wit:
'Third.-Tho application Of any suitably chcmi-
cally prepared paperwthout regard to the chemical
ingredients used for such purpose, receive and
record signs forming such communications, such
signs being made by the pulsatons of an electric
current or currents, transmitted from distant sta
ton, said current operating directly, and without
the Intervention Of any secondary mechan-
Teal coniryance, through n suitable metal marking
style that Is in continuous contact with tho rcceiv-
Ing paper, thereby making marks thereon, which
marks correspond with the gronpcs Of pcriorations
in the paper composing the transmitted connunica.
ton; or may be given by the pulsatlons from the
snrino AZ and block 49, go that Ia either Case thess