New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-04-10

su' ;ilt ITI,ars face r1iG md ogc-Ifrs
an ,iIf - ir On taIi Ieouai saIath0ri-f
n .rvai. have evidence before me-. 81 wing
whether here 40 absence 81 sud, sad Whe,,rr Pre-
i-vs iitv hss been occssonei by nadvrr-noe sccde-
Il DE. not s9pe,r from .se face OF he syo patents .
ire --st inc i-d anything which NJ Goodyear wish 20
sxrr4s IN concurrence II hs hsvng claimed ~
what was not therefore take ~ grated Thar -
rs, patent vs. not rendered ana amended Tor i5s cause
"a TIE second question whether the ac of .he Com
missioner he surrender ard reissue are conclusive Oh
.l-d persons or parties
Ian ie,el,,s 3 e orfai9n fbii 5oi grouad tir l'
c'1e co~@i'''o'er are 7oi ''Ho4''' o. ~ p -i
en- KSrsyrrr. New-YorS
OPINION or GEORGE GRSCOM.
PHii NDELriliA. March , 1870
The separate letters patent ssle3 to Cnares Gooiyes-
dated Dec - iff9 0r alleged lNPEovENsNr - Ffir-
fNG ISNoi, RrsREs WIZ C'rroN F'gslc." are, 20 ry
opinion, clear invalid
TIE claim the specif ,sion Of ihs ueN, s1bsautci or
s.r,-s-~ ieffers patent = freNacy he sane hir WIKI
addition. aowev-r ~ entirely new clam, OF vastly
more Importance, which Is slated as t0lows
What claim my invention, and desire 10 secure -
letters patent i The curing of Caoutchoul % i"lH N
5y sIhect'ng &. 90 TIE acuo1 his" 'es'ee Oh s-A
IT,. -a,'rc paien; relates solely the curing q ne
triple compound" % couchou- sulphur and hil- cad
while ne separate substituted letters ps,ent extend
the curing The gum itself ir ~ simple lorna conslu
nation the possibility Of which is rot pretended In bis spe
To ent,e hm to the rsh, 20 the amended or separate
patent % necessary by the Act of July li, Sec j
hat hi original patent should be 'noPersnse or Invalid
Fv,i "Ofs defective or insufficient description or spe
sd By reason OF The paeuee claiming In his speci.
dcauon, hs invention more tn'n he had VI shah have
risht 10 claim a. new
power 70 grant the amended letters patent and Is only a.
lowed thar power.
First. In cas- an error existing"
Second 1.-THE errors shall or have arisen by accident
insdyerency mistake without any fraudulent or deoep-
The Ac Of March s. 1851 Sec S. pois The specification.
sc OF the amended separate patent on the same foot.
ing revision and restriction, Ne that Of the Original
The object Of amended patent asked for is not 90
/ incorporate an additional improvement
Now II IL clear,
First Tha the specification annexed the orgiua, pat
eui Is defective insuicieut' His claim there eN
tends no further than the tnpe compound" Beyond his
be- pretended that he Intended 10 60 and
his specification and description for that claim are snPe
ful aod comp etc
second Il not even pretended that he csimed, IN that
specification. as hi- own invention more Than he hsi
right 10 claim as new
10 enue the Commss 10 aci he derives no authority
from the Other contingencies specified in that section 10
mieisker sud the OF Secondly fraudulent or de-
cepuye Intention the mind Of The fsientse when he fell
The original ps.ent was therefore not imperative or
invalid from iasiIieeaey Of d>'eriptisa o. pseolifon
The Commissioner could not decide thai i was lh-
valid or imperative, from Ms having claimed N more
than he had right TO-" because. SO, he could not sue
The amended patent which contains all that the hrs DID,
lis evident that he grand object Of Goodyear pro-
curing the separate patent was 70 endesyo merely 10
f., himself the benefit Of principle, which be GER
taiay had discovered The time OF his odgns patent
and from which claim to IL could not have bsn exc uded
by any Of he conngence provided for by at OF Con-
gress recognized 10 he Judicial decsonsihe curiug
Of simple Caou,chouc alone by heat This Is the grand
tIe' The All essential inrcron-te principle witch IN
value aud importance oyerwhehns al The others csmed,
and pared with which they sink into nsignihcsnce
No,yy hs,anfng he strong endsncy OF the Judicial opr
ions sustain he decision OF The Commissioner Of Patents
b. be denied that "0n ne reyy face or me patent
i,eif siout anu auruyV riSercs q agp1rent that the
INN t-,fu lar hgsy ortft f.gp md ma anil
Az 10 he slhss, u rsli r. eonnlgsnee between ulo pa
15 ss s S.SS e, as. .,ss s0.' . s
Gent 10 establish the nvadily % The letters psen Of l-
2jh December $40 and, for the reasons have SCI lrt1
am early Of opinion that these letters patent have unaw
fully issued, and invalid. OEOAGE GRlSCOM.
Mr. john THoRNLEY, Philadelphia
Upon examination Of the patent Goodyear
the 10 DAY Of June 1874 aud purporung 10 bee
reissue Of portion ofhe former oran Improvement 10 he
processes for the manlc,ure OF India RUBBER under dse
OF December IT, 1879 appears that one Is PLAINLY Tor
triple compound and the treatment % that compound by
exposure 10 heat At high temperature.
The other il principally FOR the treatment OF double
compound rubber alone by heat AT high temperature 10
certain methods The one may cover vide range OF man
uscure, which the other does not The double compound
may be an element OF many composition IN which lhe
rubber be used alone the Al all events they are In
law different combinations Now It Is familiar rule of pa
tent law that patent for one combination IL distinct
thing from patent for different combination. Court
which should critically examine the TWO patents IN the ghi
OF this rule would II seems To NE decide that the two
patents for different things And therefore the ldi-
cal Of the Commissioner issuing the second patent
exceeded bis authority and is no, binding uponthe Courts
Providence, March 1850 c. 5. BRADLEY
OPINION or SAMUEL AYEs AND ABRAHAM PAINE
Our opinion is asked upon the question
Are the Letters Patent s-ued 10 Charles Goodyear, on
thu 2jh OF December, A. d 8i9 as reissue OF hose
granted 10 him The 5th Of Jane, D. 1874 now suren
deed void and ega on Their face without me AID 81 les
In comparing Gooiyears original with his reissued pat
can help being struck with ne TACT That ~ ne
former he speaks merely OF the effect Of heat applied DO me
mode described TO his compound " India Rubber ~ pn9
and carbonate or other sails OF lead which no doub was
A. FAR he got IN 1915 while the latter he sruy edges
n that the Gs part OF his invention consists IN the appcs
ton Of heat an mode India Rubber, combined WIN
or In the presence sulphur and specifies is application
10 hs compound only the second place and dispensing
even with the lead ia that an at last he ny by de
grees 10 that the leading feature IN my in
venon and ha, which chiefly constitutes the substance or
duced lnda Rubber by The action OF artificial heat above
thai 10 which the fabric would be- exposed IN ordinary or
common use"
tmoe geniOus by the way than any Of his other inyen
lions finished by changing his Old claim Of me appca-
ton OF heat combination with l- fabric iormed OF cotton
batting sud his COMPOUND into simple claim Of he appA
cation Of heal India Racber alone Tor the purpose Of
curing as fr aim while he sinks the application Of
heat d his compound T. Inc rank Of his second claim aAng
care also The ongiasl re,tciion Of H. express
81 IN The WORDS IN combination wiz he fabric Of cotJn
batting and The pound
Il IL indeed difficult conceive how any Of sense
with common knowedy e Of the advance made between The
years 1874 and 1872 in ne curing OF lnds Rubber "gn
particle Of aid from GOocy year could mistake, upon he
hing he meaning OF al this
Again with the original patent before him, II 10 clihcil
20 conceive how The Comu ssouer could 10 the
cusior that he plain ard pa psbe differences between 20
and patent the form In which 10 proposed 10 him
H. from nadyefieucy' accident 0f mis-
lake ard hout any fraudu4enI or dece plyr
intention he part of The pateniee especis ~ u he anew
ANYTHING sad be bound 10 know much more before
acng about the progress Of he art Of curing india hu-
her between the yszrs 1894 and 1913 The Old patent Is
worde 80 cautiously especially In the most important he
claiming Fart Of the hcsuon a. % Indicate not only
sadyefency sccideut mstase' 10 = but on ne con-
studied me pdrs on itr F1rlrrf -
10 c0rur his aim thai shOu not a into tlst dangef
IN which he specification Itself eynces thai be wa mos
-arflv conscious q cSming What h. knew ae NJ nae
never Invented Indeed The siR hes. comparison oe"e-n
the ori zna ard amended paers profes sucn an anc On
trva1c- on The part Of he paien'es ~ weaving okrcf
,s ft- he knew IN l2fi with the much that ever BODY
V tbout hs sid knew 10 8fq % make wo tnngs 80