The New York herald., 1851-12-02

With much Of elegant rosssrch into the rAdioaI
SsSss q sns,..s the tern sh:: y At a
Ihe judge is mistaken In supposing that the ps-
tent was for "a new art lit was for " nov and
use Issi1i inprovement" such arc the words used IN
for defendant contend that patent could nct bss
granted FOR an art for the word Art" is IN thu ac
OF Congress but they insisted that II could not b0
grsnsea !of N ars IN the abstract. On the quss-
ton ~ 70 wnat was tse real extent Of Mofse'a
claims, Judge Woodbury. makes tas following rs-
mark1s-
ain order to ASCERTAIN whether Morss v.,,,s
original inventor Of all which he clams IL viii be
necessary first to examine and settle how much be
does claim-that il, how much is embraced in hh
specification.
sThis enquiry is made some What complicated By
subject Of electro nsgnetism and iss use in .sls-
graphs, and having renewed one Of them twice snd
the other once, aud having preceded the first pa
tent by cavess, describing It's character and ex-
tent. nt.lrs
''But what he claims does not seem material in
this case except to set fsrh in tho frs. patent aad
its various renewals.
81 shall, therefore, oon6ne my enquiry TO that,
though the Others must At times be adverted Co,
the better to understand what was meant in that.
GAS represented in his letter to the Treasury De-
ing, since 1892, to make ele strictly visible at dis
tance by signs, Ineligible and certain, 80 - ~
communicate information (See it in Wallis Hist,
1922 And in his cavest Of Oct. 9th, 1887, he
mitting and receiving intelligence by means st
electro magnetism Or, in other words in the
same Instrument, "a method Of recording perma-
nently electrical signs at distance. His specA-
cation fled in 1888, April 7th, is much the same IN
substance. = r.
"Folowing up a like idea in 1910 I'm his first pa
tent, he claims in that to have invented only
new and useful improvement in the mode of oom-
municating information by Signals and by thu
power Of electro magnetism. (See first patent. June
such is in substance the title of this patent 10
its original form and under all its rene walls
"In his last specifications in 1873, he claims to
have invented merely new method or a new and
useful apparatus for system OF transmitting in
telligencc, which puts in motion machinery for pro-
ducing signs, and at distance recording said signs.
(See last renewal, 18th June, lS4s)
"From all these, standing by themselves, il would
invented Or discovered any new riacpos in physics
or to have discovered the old principles of cleo
tricity or galvansm. Nor does be claim 70 have
invented or discovered any new principle in mechs-
nics-ike ne~ power, resembling the lever or
screw. As little would any one have supposed that
he meant to claim as his invention and as new-ths
application at all Of electro ag netism to the pur
poses Of telegraphing at . distance, whether BY
making inteligble marks signs there, or in some
other mede-if it had not been for some rsmsrksin
one of his letters in 1887, and some words in the
Sth clause of his last specification and the ground
takeh.in the argument, recently, by his counsel.
"Thus in his letter, in Sept 1881, to Jackson, he
seems to have believed he had some claim to this
discovery, viz las he describes it, The original
ts@as well as to the Invention which be calls 'tha
devised mode Of doing it.'-(79, Ev.)
"Yet nothing Of this is believed 20 bs inserted ia
any of his official documents, till l3tS.
In his last renewal, in lS4S there are introduced.
for the first time, some changes Of language, and
some tendencies in . part Of them, ~ we'll ~ in
some of the arguments to make the claim broader
and, as in the letter just quoted-to all sppli
cation of electro magnetism, if not of electricity
to convey intelligence, or to telegraph to distance.
''But as late 1896 far from claiming the dis
covery or invention OF any new general principle &C
exclusive use as inventor of all telegraphs By cleo
tro- msgnetism-he asks for protection Of Saly hia
own improvement, his own method, his own appAra-
tus And he seems, in his last speciacation In 1888
to regard the great excellence and novelty Of his
invention, that 1t imprints the signals ct one end
which we're sent at the other, and in such charsc-
ters as to be Ineligible, without observer 70
rote them, and easily translated int English by
means of his stenographic alphabet and hence hs
there styles it recording or printing telegraph.
When there, for the first time, he speaks aiso oe
'the essence Of my invention being the use Of th9
motive power Of the electric or galvanic current,
however DEVELOPED for marking or printing in
telligible characters, Fat any distance, being .
new applicationof that pswer Of which l claim !,
before said and done, be considered IS claiming It in
the form of his application, according to his M
chinery, and in the modes be had described In 1881
le3S, $50 and 1876, rather than in this succeeding
plcation itself Of electro mag netism to teegraphis
purpose in every possible form. OtherWiss his
renewed patent of lSiS must be regarded rs v,id
fer claiming too much, and for wishing to protest q
mere principle, or effect, however developed and
withou. reference to any method described by him,
and to Cover principle, also, before known. L dAr-
vey Ev., 223
sBut limiting the patent to what is described -
his method, or mode, and considering that In his
first claim in lStS, he dssai such broad views -
appear in the eighth claim Of that date, and OK
pIessly says, Il wish to be understood that do Get
claim the use Of the galvanc current or current Il
electricity for the purpose Of telegr aphic comm uni
cations generally, but new mode Of using it. 70
move machinery, to print signs, Sc. IS described,'
all is consistent and con fined substantially to tha
mode hs sets out in his specifications and in his o~a
testimony in the record, (p. ~
"What he thus sets out Is the subject invented.
"What is to be protected is not an abstract or iso-
lated principle, but the embodiment OF principle
into machine manufacture, - described IN che
specification and 1t 10 the invention in Conformity
to that embodiment orrepresentaton Of its WORKING
Bull; Hen Bl i55, iOa, is8, and D. and T. Sc.
Web. Ca 20S Web. on Pat. 4, IS, l26-5; z 5tor.
X. iI2, i0S Curtis on Pa. 81, 70 & lt5S Stec
X. 27I Godson on Pat. " Phil. Pa 20; Gals,
i7S; Hindmarsh, l57 Because by those lave.
the inventor is not to be protected, unless he de-
scribes plainly and fully waAt he has done, 30 that
the public may copy or initiate, and use It after his
term expires
"Thnt the ton for the exclusive dur-
ing the period of the patent, and having tais, pre-
vents the patentee from claiming ssterw ar6 more
th an he ad nvened when his patent Issued. (Web.
case 7Io, & =, and ID 4 H. 100, z; Curtis 5l3s
POS And what he does not. or certainly what In
the misty future be describe, he must be pre-
suned not to have invented. e Hon Bl- t52
"As this broader claim goes far beyond wat 10
have already was that made in the caveat, ana
in the first specification, and in the original passnts
well in all the subsequent walls it coa-
ficts with much Of the language in this very last
renewal-lookipg only to a new method and msre
imr Cn
TO dssvow it in his own evidence (i9 reosrdps
and as, every thing In the case, II Is at least
question able whether he could have Intended 10 pa
tent any thing except an Improvements on what
before existed, | do not think At lust to place q
broader construction his language than the whole
tubject matter, and description, and nature Of ths
case seem to indicate rs designed
"These are all to be looked to and no isncisd
construction, travelling too lar a and doubt
full ground, Is to be sispsed-bat rather what s
natural and clear, considering what already exists