The New York herald., 1851-11-06
Web; Cases 4so; Peters 2ls; 1 Wood and Min.

As to the second objection, that thi, would be
SEEKING see q soysr by patent new principle, with
out reference to any mode method of enfor sing it,
q Hen psf & g.
ysnt1s, as 81 Of claiming for the in
important it may be per se-rests on The idea. that
the exclusive use OF the invention, for q term Of
years. is given to the Pstentee to reward his genius
and expense IN making the invention and poin,ing
out in his specification how it can be used benef-
cially, and the machine, if it be a machine-easily
made by any mechanic for general employment.
The patent is in su h case and must be in order to
possess validity, not for the prnciple-bat for the
mode, machine or manufacture, to carry out the
principle and reduce it to practice. (Webs. on
Pat 45-S) In short, the principle thus becomes
the modas operandi, and rests in the new mode
adopted to accomplish certain results. And though
some expressions may have been used BY
one or two judges, which look like q sanction to
pstsnting principle yet they are used IN the
ner set out in the specification, or, are used toe
loosely from haste and inadvertence. Except for
this view as to the method, what use would there
be in a specification describing the machine or
methodl So where any judge speaks Of patenting
an art-it is net an art in the Distract, without
specihcaton OF the manner in which it is to operate
las manufacture or otherwise. But it is the art
thus explained in the specification and illustrated
by machine, or model, or drawings, when of q
character to be- 1t is the art SO represented or ex-
emplihed, like the principle thus embodied, which
alone the patent laws ever designed to protect.
In the English Paten acts, the word, "art' is not
used at all
And in ours, as well as in our constitution, the
word art means useful art or a manufacture which
is beneficial, and which, BY the same law, is re-
gured to be described with exactness in lis mode of
operation, and which, of course, for the al
ready laid down, can be protected only in the mode
and to the extent thus described. q Story, r.. 273,
2s5; 4 Wash c. c. g. II; Howard, 204; Web on
p, 8, 9; Phil Pat II TO rs; Hindmarsh, ~; Cur
tis, Ssh section
No lawyer, conyersant with the patent system,
could for a moment suppose, that because Ark
wrght first invented ana perfected the art of spin
ming by machinery, he could have taken out pa
tent for this generally ana covered and m0n0pO-
lized all kinds OF future and different improvements
in that art. On the cntrary he could shield nc
mode Of the art but that which he had devised,
used and described SO it has been held that
patent for cutting ice by human power, does not
27s). wv
So, though Woodwork first invented planning
boards by machinery-he could not take out pa
tent for that art principle system generally and
thus either monopolize or prevent future improve
mehts, when differing substantially from his ma
chine. But the whole effort of Woodworth's as
sgDees has been to describe his particular mode Of
planning, so as not to omit anything eral, or to
cover too much-aud no attempt is made to protect
anything connected with planning by machinery,
except the mode thus described-or what is SUB
stantialy the same.
Considering the opinions have thus formed on
this and as will soon be explained other points Of
the case, it does not seem n- 5sary TO decide on
this OCCASION whether the severe criticism, which
has been made by the counsel for the respondents
on eveIaI other portions Of Morss's claims well
ioluded or not; and more espe sally, whether his
shief patent is not invalid, because covering too
iODg a period-the time included by previous
ioresn patent not having been deducted. II suf-
TO add that the general conclusion as to the
exent OF Mr. Alorses claim in his specification, as
amended or renewed, is, that he intended, in the
words of the patent, to embrace only a ne Y and
useful improvement" Or, as repeated in the spe-
cifcation ITSELF only ga ne method" Of communi-
eating and recording signs by "eec,ro magne-
tism;" and he does not seom to have meant to
cover merely new object or purpose, to which
old principle or machine was to be applied, and
which is not patentable; Qlndmarch on Patents,
SO; Webs. Ca, 20S, Curtis, ~; Stor. r., 40S)
Nor new abstract principle to pro luce new re-
sultsin telegraphing by means of electro magne-
tism.
The essence Of his method beyond wha. before
had existed or been practised, was 10 make the
electro magnetism when existed and moving in a
parti'ular form, and marking at one cad Of the
wires-not merely exhibit some evanescent sign at
the other end but sign which the machine Is made
to trace and thus record there, permanently. This
sign is excited by the closing and opening Of the
circuit by stroke or by lifting the wire from the
curs, or by knob pressed down and acting by a
tpripg, and the mark by machinery is made to as
sume several forms-but the one generally prac-
ifed. is that Of dots and straight lines. These,
Traced in succession on the rolling paper, and by
being different in number AID combina .oa are, by
the stenogrspbic alphabet, inyen.ed by Mr..
Morse and embraced as part @. the system, made
certain words in most common use.
The great result Of the improvement is by this
machiney and the alphabet Of signs for letters, to
trace at end the dots and lines which represent
what it is wished to communicates and thus to have
the same traced at the other end on paper, by like
dots and lines.
The great beauty Of the system is the identity Of
the tracing at both ends By the new machine, (whe-
ther through the type rule a. the beginning Of the
breaking and closing the circuits through the type
rule orthumb spring) and also the rapid di;y, as well
as the exactnes with which this tracing or record
ing is accomplished.
Indeed, so impressed was the inventor with this
striking popularity in his system, that in his last
specification he proposes to characterize IL .. ''ths
brst recording and printing telegraph by electro
'Describing his invention as incluiing these i'm
provements, and limiting TO them, he escapes the
imputation or fatal error os claiming too much, or
claiming to have discovered only q new or mere
art
The mex. question in connection with the first
head OF enquiry is, II this improvement or method
were original with MIR. Mor3ef
He states that the first idea he formed in relation
TO the subject OF communicating information BY
electricity to dttance, was on board the Sally, on
his return from Europe in II. autumn of 1892. But
from various obstacles and i'm npsrfections in exist
ing batteries, and want Of pscuniary means, and
the novelty and complicated nature Of the pro.
poed W ne vas not s.n able 1. 9sa'y &c
veat on the subject, and in April, lS3s put his spe-
e6cation and drawings oa the records of the
Patent once, and in June, 1910, took out his hrst
patent.
When his attention was frat turned to the sub.
ice. In 1872, not having before been particularly
engaged in scientific pursuits, though possessed Of
good general information aad much ingenuity,
days Ev. 90 a. Prof Sil.iman Ev ~ al he did
not appear to know with eKactness what discove.
ries had before been mad II the matter, and how
far others, by vast ingenuity and science in the
same path, had already carried into effect wha.
then s'ruek bim as gracti,al aad likely TO prove
highly useful.
Tpeiher b: Or Dr. Jackson Grs. spoke, ON that
occasion, OF what might probably be done to con-
vert the power Of electi city to use in recording
ideas, as well as in coulgsiolting them to q dis
tsLce, is disputed. Csckson Ev. l62-'3-i) II
does not seem necessary to settle this point on this
occasion and II is Controversy very unpleasant &c
discuss ayoidable, betwsea 40 gentlemen Of such