The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-11
4HE GREAT INDIA RUBBER CASE.



0Hsurr COURT OF THE UNITED STATES, BRroRE
JUDGES eRrER AND DIcKEasOs; MARCH TERM,
END AT TRENTON, NEW JERSEY, 1852
h is under sense Of great depression that rise
- address the Court upon that branch of this ion
psrtant controversy that has been thrown upon me.
II endeavor TO satisfy the wishes and desires Of my
cent BY thorough examination Of the evidence,
= must necessarily head me to trespass too long
u9eA Your time and patience, 80 that, on the one
Aand, feeling the responsibility which devolves opon
Se~nssl, TO avoid any unnecessary inr0sd upon me
Rscisas moments Of the Court; on the other ! am
deeply senaible Of what is due to him 70 whom
eve nv best and most faithful exertions. Contrary
- ny expectations, found: after had reached
Shis atty, that it would fall TO my lot to wade
1nssush this expsnse ofevidence, and to st this
sssde and undressing mass, extending through
- many printed volumes, for the purpose ofbringng
mere especially to the notice OF the Court those
Ysysions of the testimony which the defendant and
Is counsel think are worthy of your attention, and
uhish, think, establish our defence; and, at all
eents to place before the Court, incontestbse evil
e6ace that here are great disputed questions of
-, arrsying large number Of Witnesses against
oa1h other, involving serious contradictions deeply
apesting their characters, and, iu some instances
asking TO them the imputation Of perjury, which,
\ ear Judgment, ought to be passed upon BY jury.
nAtssys Of disputed fact would be submitted to an
ApaStial jury. / know the difficulties surrounding
- attempt am about to make; but relying upon
ysur Donors patience while pursue the course
nasked out for me, am cheered by the hope that,
BsveveY may weary your patience, shall meet
With the same kindness and forbearance which has
ben DO uniformly extended to others in this case
An examination Of the evidence win involve me ia
lang and tedious discussion. In order to give the
Testimony its proper application to the different
4osssions Of law, becomes necessary, in the FIRST
1nes, TO examine particularly the patents that
fhs suhiect of debate; and this has become the
1oye necessary, since my eloquent, eminent Snd
distipg uisbed associate, but few moments since,
seqsested that should add to his interesting re
narhs upon other topics, some observations In refer
10 the nature and validity of these grants. The
hill proceeds upon two distinct and Independent
yattnts One Of them win require no very ex-
tsnsivs examipatoI-I mean the invention Of
Hayward Of a composition of sulphur and rnhbsr,
N the proportions mentioned ia his specification,
and which describes the process for applying this
somposition to the manufacture of rubber goods
u 10 simply patent for o composition of sulphur
and rubber, and upon its face the specification is
clear, unaDbiguous, and requires neither illustra-
tcn nor explanation The objections to this patent
Ssgt upon other grounds
The other grant Is alleged renewal issued in
1S49, upon the surrender Of the patent of 1884, and
m order TO ascertain the precise point and meaning
u tins renewa, il is indispensable TO refer 60 the
original Letters Issued in 1914; because, do not
agree altogether in the definition which my learned
friends The other aide give to the patont of lSi9
j understand them 10 clam that is is grant for
The application of high degree Of heat, gradually
produced, TO a composition, OF which rubber and
sulphur are component parts. In my judgment the
patent OF lSi9 is that and great deal more 1t
b much more extensive than the original invention,
seasens it is void
TIE patent Of 1874 was. for some reason, never
sst forth in thebil of complaint that simply places
before the Court the re issued patent, and thus
dess not present the marked differences between
hsn Before reading the specification accompa-
nyDg the patent Of lS49, will explain what sup
psss the invention was originally claimed to be, in
order that the Court may more readily apply the
idea wish TO convey. According to my under
standing Of the original grant, far from its being
APetent for the application of heat generally to
yebhsr wheIeversulphur is component part, either
with or without the additions Of other materials,
ss1sry Of the chemical d ling an alleged dis
three ingredients, and which, throughout this easy,
las been termed by the witnesses and parties, the
triple compound, to wit rubber, sulphur, and lead.
1Aese three Ingredients constitute what, for bre
witty FAKE, will continue to call the triple
pound The alleged invention is of triple COM
pound. in the proportions and quantities defined in
che specification, and which mixture is subjected to
high degree Of heit. 1t is not patent which
claims artificial heat generally, all descriptions
Of heat as distinct iDyention nor does it under
take to claim right to the application of heat
generally, when applied to rubber, but is only for
IN alleged discovery of composition Of matter,
and sutctng it to the action of artificial dry heat
TIE principal idea struck out by the patentee, and
which he claims to he his invention, is not the art,
uer the discovery of the effect Of heat generally
upon rubber combined with sulphur; but is merely
ior a particular composition Of matter, which he
exposes to heat in an oven or clear room.
With these preliminary remarks, will now read
depends the latent Of 1914 is as follows-(Page
e of defsnaass::fs answer)
Thus it is manifest that lead, sulphur and rubber,
mixed and compounded together In the proportions
described, lie the only subject claimed to have been
inyented. The langu employed by the patentee,
when he sums up his invention, shows clearly and
distinctly the limits and boundaries Of his alledged
discovery. These are his own words
Having thus fully described the nature of the process
BY which prepare my improved India rubber fabric
40 hereby declare that do not claim the combining
q sulphur with caouchouc either in the proportion
named or in any other; but do claim the combining
Of the sad gum with suphur and with white lead so as
10 form triple compound either in the proportions
herein named or in any other within such limits az
vii produce a like result And will here remark that
although have obtained the best results from the carbo
nate lead other sals Of lead the oxides of that
metal may be substituted therefor, and will produce
gpod effect l. therefore, under this head, claim the
pcyment Of either Of the oxides salts of lead in the
place Of the white lead in the above named compound
claim the formation Of fabric of the India rub
bar by interposDg layers c cotton batting between those
Of the gum in the and for the purpose above es
srSbed likewise claim in combination with the FORE
going the process Of exposing the India rubber fabric to
ei6ed by OF which my improved compound is e.
fsctuay changed in its properties 50 as TO protect IT
nom decomposition deterioration by the action of
fhose agents which have heretofore been found TO pro-
'-e' NOV ''''S' a y" '' caAsLEs GOODYEAR.
Now submit to the Court that nothing can be
clear. less ambiguous, or less mystical, than
the patent have just read IL is unusually dcfnte,
remarkably accurate in expressions in phrascology,
and in the facility with which it communicates the
ideas Of the patentee. 1t is rare thing to sec
specification SO clear, 50 free from all subject Of de-
bate so free from any hing like wrong use of terms
or Of language Usirg language in its ordinary
sense and signihcation- giving the words their
urinary and obvious mesning-there is 10 ambiguity
IN this specification 1t is nothing more or less, be
j. little or be il much, than an invention Of I"
triple compound" which, when subjected 10 the ae-
lion Of great beat, produces neg fabric. Il de-
eFibes the MODE, tie process, the parts, the pro-
sTd a h m 81 q
sulphur and lead with rubber, and Of nothing more.
II il not to be denied that the materials used
old the rubber is old, the sulphur u old. the lead
10 old, and Leat as elem snt, Is well ksown
What, then Is the alleged discovery il is simply
akng old things, mixing them IN certain proper
ions and, when combined, subjectiug them 70 heat,
and thus producing nowrt result j. was p3ent9ble;
IN ere il 10 dispute upon that sutjee and tho great,
IL void other nrln nds. cnnferred upon the