New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-18

on our side ebut iheir testimony That fact
sout it. AZ the last hour for taking proofs expired that
letter produced and under the that have
been observed But II your Honors could
on 50 much importance. rely with confidence the
theniieity Of this letter It lacks AL the clements that would
be Necessary make out an invention on the part Of Good
year. with the p4tentthat II the
inventor OF curing rubber mixed with phur any OF
the sasses Of sulphur without u use OF lead By means OF
henttecsuss contains its face description whatever
OF tins sliced Improvement IL does not undertake . de-
line moee any process means By which can be
carried ene than that Dr. Jones
Immediately back sayins f you desire your sp>c
htstsn 10 b. enlarged inform how 70 describe
what meen; YOU must clearly whAtt you ant -
and that letter which called Goodyear to describe his
invention, GOODYEAR have eft totally unanswered
Jeet Of importance, Of su ieIt mAgnude bat because
II escaped the attention Of Coodyear Or Jone, says N
YOU want TO PATENT this claim you must describe it.
and not werd produced In to that letter Con-
sequeIy strikes thst this piece Of evidence the only
matter upon which they rely Ia in the first place. To-
sufficient proved susrlcouy produced, snd Introduced
under circumstances which shut al opportunity rebl
what testimony offered their sides but even il
inc shows its face that Goodyear had then idea Of
that which IS now claimed 70 have been his discovery.
Nov in opposition 70 this evidence slight every aspect
ID which II tan be regarded viii refer your Honors 10
proof that in point fact Goodyear had produced any
srcce'siul Tesul, IN the respects claimed
Assume for moment the Letter Of 'osysar to be
genuine letter thst TIE lack an d-scrioon
En invention other than the snnunciation of
asuact ioes, IL 70 Be deem's sufficient to establish that he
early IS 1874 the inventor OF practical process
then insist that the ssued patent to thu subject
mat er OF this letter TO Dr. JONES' 10 uery yoi because
tie thirteenth section Of the act Of 1886 authorizes
Cnly il the mentioned, viz where the original sps
Cibcstcn IL Imperative by reason OF ambiguity inaivert
en- mistake ents omission and this incoa-
,esuby shows that he Of how the specicat
Ct l343 drawn. Pc knew exsty what Il covered
Wit. the triple COMPOUND in combination with hsa. IL
proves that before tie paint bsd sssed he hai discovered
that there ives an omission Ia the specification He wroe
Dr. Jones' expressly dec srins that he had Uncovered
than 6escnbed In the specification. He says
I,ve eiso.er,d that rubber in Combination with s1ipIur
iIh uphur and its Eass may be cured by heat
have ds,0ye.d ths, aud therefore wish 10 smend the
,lecfestc n d. ZONES write in answer: you wa1t
oil nod In
hu.t tell how t. 30 IT," (psge 3OU, vol Defendants
Pnurrg 40 ne's eyiderce)
The ac thus established that Goodyear before the ssus
the Ta-rt 81 81 knew hs extent Of the spec cstion
GC that q describe triple compound % be subjected %
heat al 50 and IN h't par en- Ar m)de
Ony This coUefporfence then L genuine, aud II On
The OIL osiie Counsel claim tlat n ought % be.
cesH proves ha tie alleged Omission In the specific atom
was % houh efc pot through 'ecdent rot tno N IN
aaVtItrCc nan mistake bat through adeliO srae,
intDolR posed oIs ion IL Tot 90 Can II he 9TH
eWse ny va 'nt ne present CO .len n,ei.7a IN
the ps'ebt h's attention vas xpr -sy drswn - It
Wv nh GOODYEAR write Immediately 0a;k 10 Dr. JoneI
dc'eIbrs his scd nj invention Inc Only conclusion IS,
that he lad nothing describe, CID not choose 20
oescibe IT, admit The Court that mater how ATT
htnsllan may be The veV oi some IN esafd 70 ~ ex'enI
10 hth the theelth section OF the act OF lo5j
Tor hs pupose OF enabling psenee to correct thsr errors
and iaedv-renoles n would BE- dong violence 70 anglaSe
sLd be IN the teeth 81 this staue toisy It p'satee
VINO proves part Of his case that a. ths time chen
he took opt his osua patent he wts perfectly ware that
fOueih1e that ella med n1, pa. into the s)ec5lol
Whe' he thst It the subject Of Ipoudsnce
a he % called upon TO exp an H TIA ne neglected TO
CO sr0 accepted aud erjlyed hi patent wiz
hlviGr
HI pseIt TO ne IN All thnes s1 ssr he has brought
tons uIon II sud msuu'stl-ed 20 ds un1,ri. AID molp
Of The marx et frSe yea ard hL he may for
AID sud reissue he ggound that Inc omission
Though i vtien. mistake eE3r Such p.a.t
Cut Lt not 10 b. tolerated
he mu,cns in the hraou.h rscln 10 cases or error
CT nissse mean something tssrsued however, that the
fact OF the isfue ~ The Commissioner q the NJ pa
tent raj ri8lg tGcie pesITftlo1 tlst there
or uiitate in the original am wii0s to ccnc@de the
pm cpe ih't grrG fgci be tct0n . the patent Office In
pibh eIeue mus be decrec % have be regular ind
wlrhio H. authority Of the Com soIe- cf Poems Bat
s. u ins't tns aien!res ace 5j,' i' Ht e,l 'nce
With bufs he idea ~ accidental Omission and shows
tat II Point Of iaet the anee snsE Of be ale god oms,
SOD II The unF and tha- was ilI ou - mater 81
preference choice, negec when these a-ts are che
iC ttsr scase Of ~sntot authority 10 the CO ns5onefs
Htue ont.
Tie ciicum,t.rce that Goodyear wiully omitta altar
hs ougpD specification IAust neeesity have been sup
yresoo On kep back h0u the Commissioned Patsntl be-
tsuc II It lad teen PLACID bet e him. wolld A.ys been
just souno acruroiD T. hat thrtes s-o tue ref Gal
eXcDd-d grsnt This Court !crustl j. ss.,
u TIE missioner ed had that knowles ~ he uns hs
ND rot have gsried reissue OF the ptsnt The sup
prron q the pseroe OF The facts within his kuol-
e~tc wttL these 'acls sierg a'd 10 z ought de-
pnve bn Of the light o. enforcing gast which ought never
10 have been maze
One woId mr.. before leave this letter Ii'aes-dthit
rs gentleman claimed ~ tbis uer Va lJ al IVsltiea
broad ~ th patent Of iolJ hat uii IhiflhS' IS !
claim IS nv ia oioyeebt the hestnSOf lndA wnb' n en-
oven OF olr room combined with sulphur or iS goes
That a fsF short Of ANY discovery tor the application on
ieat generally including st s aud maui SHY extended no
fr sr than The curing ruboe close vest b.,
a atmospheric IL thai letter Il 10 DO treated
omission patent 1884 not accidents. b1t that
tire discovery did net beyond that dessbrd in the
tonIeno fur en- that his RESCUED r4tent is also void
upon because 10 oa the appcet 81 heat game
r, 10 rubber or Der uil ed with sulphur IN the
noe oUphur 10 the presence " any gAs or sulphur
IL SENS to me that IL IS en, nos Tor auy paculir pro-
naft fo the icatoa Of al kinds Dsa IA al ki1d Of
ay TO robber OF where there Is my connection. no mat
teI htt it may be- with sulphur or is sa'es II tn pp)'
siou be uUe that party can take or pNens 'of ns4
generally Vhen appl 20 10 ru1'r IN combination IN any de-
gree or any condition or ccums ances ~Dae'e r,
then al" II that us p4eni may nlt Ast a5ie H3on
tins ground but be that alleged olcnyery OF the
ef.ctofhtst without descrbrg node II applying U or
ety process Tor Popornons eau iHaNe 's'lu PA.rh' ~
sucn put into The hands u mecn4nc OF Or
Oh cry skl IN that branch giving no otner directions t'aa
generally 10 apply TO m6oe OF ~ Tuboer aod o2Id
be pt rom the process Soch patent clearly VOID To
assert the contrary would be toin h1t the mere abstract
discovery Of heat OF any iod IN any iJrn wheter amos
phec sped 10 rubber Ia this presence OF sulphur
NJ matter proportions degrees under Via. con
wltbous berg e0need to any more praehc4 shape
q forun, would constitute good and yal1 patent
STRIFE cut Of tbs new paent everything that pertains 20
tie nps compound ard taeie siii tii nov claim i'r
le sppca OF heat to rubber A. ciibed without spsc
fling any mode q irg ans dectioas This
e. ne isl claim inss. is utterly void But your h'nofs
phase other proposition 70 submit apon this brlnch
0fh, case TINS patIt no- only prcsIIoes no hCay oy
nch sut Luz rubber rubber aud the gas d sdphnr,
can be Vucanizsd tut submit hat IN point OF FACT WIN
the aooon Of lead they cabot bs cured aug as'e,
have been GU ed produce vendDle commonly
es Upou learned counsel the other SIDE = pa thsir
hf gers upon parlce OF eNlcehso "hich .hs 70 mo" VA
any person Old yulcanze rubber combined win me gas
sulphur There not only evidence ius II can % III
rLeo when thus united but tue utTay tbs ~ltness-
o. show that cant be vulcanzed by he admNnre OF sui
thur tse into the rubber 10 sly oIopshos ma would
make H. able fabric It's possible ina large and
eNr ordnsiy proportion # suph1r combined win Iuoosr
might be Led as 10 produce the appearance OF
xobIe article but IL would D. utterly vsuelsss and unfit
for ue Upon This point refer 70 the evidence OF Day1
MoCudy and Il read but very shor' Pssag 2sfrVlns
that he Is a witness the employment of the Ne 'Jersey
factory conducted by Hutchinson kunyon Substantially
plaintiffs in THIS case Vol Defeldans PIntoe w.
q b to6l) The part ofths evidence was then read H.
g. patent patents had you aud ih- N-~Ah lu,A
under prof 90 Ju trt or
,r. er al H. rabber ois A. go dyers
.i,uto( 1874 How DDS OF a ami those 81 y
Il O. siaupsd 10 patent Stamped a All A.
They stamped GoOyras Patent Of s4i that was all -
their tnuiartGrs nave seen "a on
an rd. you eirenweni Nth f-i-r-Ife u ~nit
~ pounded rubber spodt li cure IN A-'ii
tr.. ere g@a the result 90 expsnDeats H't v
rf,, ii ,ou curing steam have stated
1900. .f.at many rto-rreuts Befor- thai,
v 80, suytuas would heated ano-1ef-
Tot ~sd o. a.. sa'thur and fcb0er combination
" ke q