The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-11

r~y,ias vho ned rubbsr alon< or Rubber In conbi
nation with other rs,enals. or 90 maintain tner
rponeroly against those who used Aoy o0mbsuason
AZ r.bbr AID sulphur or who superadded TO sulphur
and rubber some other material eqoivaient 70 ned,
or wbe employed some new curing process repeat
Il became evident that the Pasentees must BY some
means enlarge the specifications of their patent OF
1874 in order 10 suppress and aDnihilase compsti
ton. Nov we viii whether the patent Of lS49
does not enlarge the one of 1874, and whether 1t
does not to extraordinary extent introduce other
operations and other and extend vastly
hey oDd the actual alleged invention / make these
remarks now, because my eminent friend desired
should throw IN scEe suggestions as 70 the validity
Of this reissusd grant, designing hereafter 70 pro-
to the singulaTy conpiicated phrsssology Of tho
new grant, because 1t viii enable you to make
easy and practical application Of the design Of
is language. The summary Of the specification
itself, throws light upon the motives Of the appi-
Giants 1t claims the application of beat generally
to rubber, without superaddng one other Ingredient
combination O: matter with it; thus co vering the
whole grounds Of all kinds Of heat, applied 70 the
simple substance Of rubber, in whatever shape or
form it may be used II this be its sound construe-
ton, the 70 issued patent must be void.
But even taking the whole specification, in con-
rection with the first claim in the summary, and
yielding for moment to tho modesty OF my learned
friends, which prevents them from inserting the ex-
traordnary claim to the application of heat gene
rally in the manufacture OF rubber. adopting for
moment the views which the modesty or policy OF
my learned nleDOS muuCeS tDem noN 70 LAkk OF Tue
patent Of lS49, submit that even then it is far
broader than the real invention. They insist it is
only patent for the application Of heat 70
rubber, as described in the specification, TO
wit: mixed with sulphur. alone, OF, with
sulphur and any other substance, aud that
it p,ecludes the Of any other compound no mat
ter what nay be the other materials Of tho oompo-
sition, as long IS sulphur is one Of them. No mat
ter what the ingenuity, or the imagination, or even
the dreams Of men may bring forth in the future,
it said to cover every possible ingredient thn can
be mike with rubber and sulphur. If there should
be detected n particle Of sulphur, whether intro
duoed directly substance. insnuated into the
rubber by means of vspor, it is asserted to he an
infringement OF their patent Instead OF restricting
themselves to claim Tor the triple compound, they
insist that the Of rubber with sulphur alone,
If used in the shape of gas, in the form Of
Bcur Of sulphur, is on invasion Of their territory
They also claim under their new grant, the ex-
elusive right TO apply heat Of all kinds TO rubber
and sulphur, whether produced by atmospheric oom
bustop, from wood, anthricite Goals, or hoat OF
any description, even if drawn from the lghtuings
OF heaven, if that be heat, If obtained from the
yapor Of water when converted into steam. Their
claim 10 the of heat is as b0undless as the
gions of the world, and if these should be ex-
hausted in the discovery of new art, the use
OF a new discovery would infringe upon them if
applied to rubber. New discoveries may be in
Voked from the hidden regions of the cath or
air; but they will avail nothing against the
potercy of the re. issued patent, for those who
Own it exclaim, that Notwithstanding any
ingenuity or any new inventions, they have monopo-
hzed the use OF heat when applied to rubber and
than the alleged discovery Of 1914. It holds on to
and re patents the triple compound acted upon BY
heat and according to their present avowal, covers
all kinds of heat applied to any composition of
matter of which sulphur and rubber, without lead,
may be component parts (Mr Cutting here read
the specification of the grant of lSi9, page Is
1t will be observed, that this is very remark
able specification. 1t contains long essay on rub
- .1.&,& -, ~
Of Mr.. Goodye ear and his alleged exploits. sail
attention to its remarkable title, after which follows
the natural history of rubber and account Of the
alleged exertions of Mr.. Goodyear. IL is the long,
est most difuse involved, and contradictory specl-
hcation, that remember to have seen; and is a9-
mirab!y adapted to conceal, beneath multitude Of
words, the extraordinary character OF the claim,
Even simple rubber, when exposed to heat, s within
me invention according TO TINS gran. o. ass IL
the original patent and and above iGas W..
the application of steam has been since discovered;
and when i, has since been found that other degrees
and kinds of heat may be issued; when it
has been found, that by the die solution of
water into steam, an equivalent means was
surrender their original grant. apply for q new one,
and under pretext that IL is the the DID, it
is with iLfnite wit drawn that it may be deemed
ton of general heat to the curing ofrubber."
But the learned gentlemen opposed now say they
60 not understand this new grant to be Sd large.
II is expedent, they think rot to insist upon
o construction which would shock the sense of che
Court and of the community. They moderate the
claim TO the application of dry heat to rubber mixed
with sulphur, or With sulphur and any other sub
stance. But If the presence Of sulphur can be de-
tected in any form, or by any process in the shape
Of -four OF gas Of sulphur, they insisS it falls within
their grant, and they longer contns the nselses
to the use Of the triple compound.
If be true that the Gas or -four Of sulphur, or
sulphur in some form, is Indispensable to the manu-
iacture Of q fabric Of rubber-if you assume that,
and admit the construction of the new patent to be
as charged By the other side, it is the grant Of
monopoly Of the whole India rubber manufacturing
business-it at once occupies the whole element oil
heat in any shape, or Of any kind or description now
known, or TO be known. defy the ingenuity of the
gentlemen the other side to suggest any improve
ment, for which any future patent can be granted
by the Patent Office, which will not be an infringe
ment. Any process which employs, IN any degree;
the article Of sulphur, or in which heat of any kind
may be applied to rubber, will be an Infringement
upon this new patent Surely if that be SO, il is
more extensive than the original invention of 1911.
have thus fatigued the Court with an examination
OF these patents at the request of my learned friend
ard associate, intending hereafter TO submit some
other points Of law, that necessarily arise upon them,
and for the purpose of drawing your Honors atten-
tion with more facility 20 the evidence.
viii remark now, in regard TO Haywards sui
phur patent, that, according 10 the testimony, II s
void for the want OF novelty but, If otherwise, l
win contend that his patent, which the superstruc-
lure OF tne patent OF 1919 Tor tne triie compounds
abandoned to the public, BY him and By Others,
with bis knowledge, using and selling it before his
application for patent; and for tie evidence u
this it is my duty TO refer your Honors to the test
mony
Then, with regard to the patent Of 1871, which is
claimed 10 lie the grant for the discovery Of the
triple compound, and for the application OF heat to
that triple compound, viii insist that II lacks va
bdty, because, upon the evidence it was known and
used by various persons before it knoTn used
hy Goodyear and II that lacks validity, as well as
Hsywads sulphur patent, then tic remaining
branch have to discuss will be whether or not
the application Of heat, either 10 tue triple com
pound under the patent of 1871, oc t,e applicG-
ton Of heat genernly TO India Rubber mixed
with any materials Of watch sa'phnr shall be
a ooIn ponent part, was or not now when Good
year alleges that be invented. II IS MALAY t.
those questions of fact that | shall apply tic evi
toree, nrd il wlli involve somo Investigation ~ 70
low fer Mr. Hayward was really, as between him
nd Goodyear tie real discoverer, not only Of tic