New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-18
THE GREAT INDIA RUBBER CASE.


II IL under a sense vi Sico' f,h;. i'm.
that rise to 81. Ia. been upon me ~ h, en-
sesyor b. .atsfy the wishes ana at nocessanly
ne oosn zoo lops upon your time sn1 hh
40 that on the hand. feeng inroad upon
oevolves nPon Of the Court; on me otnsI s,
A.. NV .sn.jbe Of what due 10 h q, nv exoects
best and faithful sxerlhd ,hs civ that 1t would fail
:" m, lo 40 x,ade thro ugh this vast "
10 sit crude and unins OF br aging ore -.
I " - noes OF the Court those portions OF ths testi-
,,opy y hch the defendant am ms SUNS, iiL - ~ y
- - .,tan,ion aud which, we hok estsoish our de-
y S - ali events to place before the Court, ncon.
eyid nee that here are eIeat disputed Questions OF
ss;.- s,Ii,Us Contradictions deeoy impf 'anng their
ssse,eTs ard ia some Instances, aihing to them the i'm
e.,nr of ueriury which, in judgment ought 10 be
Iss6 DO y by a jury. supposed, when cane 10 this
- that thsse matters OF disputed fact would be
JoneS b. 90 lmOsTuol my. know the difficulties SIR
apdips the attempt am about to make but relying upon
. Honor, patience while pursue the marked out
y~ me | am cheered by ihe hope that, however may
w. 49, xeur pstisnce shah meet with the kindGess
80 besrsnce which has been uniformly extended 70
,bers 10 ibis An EXAMINATION Of the evidence will in
ye me in lOtg tedious discussion. 10 order TO give the
.cpy ifs application 20 the disi ent ssions OF
Il N becomes Ia the fret place, 20 eX4une par
1910 the patents that tho subos Of .te; aud this
Ia b. me The necessary suCe my elOq eminent
slo 'bst should sdd to his ntsTeSnS re nays toon
ksr topics some observai 10 reference the
sno yadil, Of grams. The bill proceeds upon two
Dis Incl and independent patents One OF them will require
M
Hayg AID ola competition Of 81 pur sOd ru15er IN the
nrportioIs mentioned his specca,n and which des
,ehes the for applying TINS conpos ol to the man
ssnime Of rubber goods Is simply patent or com.
nostjoo OF ad rubber and upn its face the eci
csuon Is tesr uoam0iauOus, snd rel'res neither iasa
ZION eXpa alton. The oysctoas - this patent rest
Tbs otbe aDt il alleged rcnes Issued in 89 npoa
The o the latent Of 1874 a1d in order ~ sfsraa
the precise Doint aud meebt Il this renewal II IL fcJJen
sable original letters issued IN lRfi because
d. agree altogether IN the definition which my saued
sire give the patent - 1919 under
them that II gant to- tho aoOicl'On %
bth d-,ee heat gradually produced 70 c1mposnon Of
wbit ruDber AID sulphur the componeGt paris In my
Judgment the patent Of Ui inst snd sIeat deal more
IL much eXenive than the oHg'dai invention aud
our FIRST pIoroston s that or that and other reason
w." ,et If 1871 was for some res,on never set firth ia
the bi # complaint that simply places bsl n the C0urtt s
patent all thus does not present the marked differ
,rees between them Before reading the spesiic pn
e.npaylrR The 9teIt Of 1872 VII explain wnet SUP
pose the ion was ousrsty claimed to BE-, IN order
that the Court y more Tesahy apply the loca wish %
convey According to my underwriting Ut the originals
psnt far from is being osent i)r me application OF
he trsly rubber sulphur Is component
either with without the additions other mirnr4s
II s accOnlDR - by md rsisncng an suesea discovery OF
The chemical effect Of gOson o. thrae Ingredients
ard which hr0Uk hOu this c@, has been Termed by ma
uitp,fses Al parti~ triple compound - rubber
uphr and lead These thee INGREDIENTS constitute wns
kr bevitys sake will continue to call " the triple
Md The Al cred Invention s of triple inp upl ii
The proportions qusu es d1iued IN the speciic2 n
and which miNp IL subjected n hSh desre Of heat II
10, pstet which CLAIMS srina bea' generally, or all
Sescr piloI heat distinct invent DIES
eertake 10 csuI right 90 tne eppi"at0n heat ssT
when sOpec rubber bat is only for alleged
Of position Of matt and suscls II 70 me a;0a %
etfc al cry neat The iacipI idea struck ou5 ~ the
patentee AVID WiCh h c aibs De his hs
rubber combined with sulphur, but merely for oAc liar
eOUposon OF matter which he exposes - heat IN an Ovea
OF CtsTIoOm.
With these preliminary rems H. | viii read tbs
ps'ebt o. g4 upon when the paten' Of 8i dsp0d' Tae
eaten OF 1874 a. fOws (page 22Of DEFENDANTS aus V8r
Thus it usnitsst hat Leaf sulphur md rubber mixed
81 rlea |a.glI talI Ia
only sublec claimed have nvelted Toe laus1age
emf 70, "a by the pare nee, whsn he his in'eutJ
shows o AIRY and distinctly the limits and boundaries OF me
alleged discOv ~ rhs.e arc hs own wOris;
Bs,rs fal dsscu5~d the ruurs Of ts poce's By vach
NJ. DE- ron, clam combining OF sayhu' WIN cs1ncn,lc,
ehier th,proon namt o, "a any o'esr ont do clam ne
sma re compound either IN ID, - ea IA e. or
vii here iha although have ub n"d The hest results om
ne oi Head oih-t It, Of aj oNe. Of hst -'a
mas bsnbu'oted therefor aui Will produce sood es, sls
ETs head. clam empol Of eer o the OXIDES
ihr place OF the whit lea "a tue above nnsi
90, ound ao ca m The formation Of i'buc {" the India fao
A. nsrpo-ns Aye Of cotton baos bet~esn those OF Tho
.in tatou N'h the o'esls the process Of exposing the
,bos 80 ~ means of which M, ns,ov-5 copp,nj "a S
changed popeue 20 aa 10 protect rom decnpo
,n Of .r,or ton by the action u those agaot. 7hich hive
le been ouad produce that effect upon India rubber aoo
CHARLES GOODYEAR.
Now submit 10 the Court that nothi z can b. more
elesT ss ambiguous or less mystical tn, patent
have int read ltsunusaay dehoi'e remarka accurate
In so1 IN phes-olosy and In tho fac y wltn which 1t
10 % snsoif,stion ces so fes from ell subject OF d.
bse 50 fr rthug ke wrong uss OF terms or Of
language Using language In ts ordinary sense aud signh
Gallon giving the ~ods thelr primary tnd OBVIOUS
there Is ambiguity In this specification It's nothing
more or les be IL little he 1t mush than an invention VI
Ile compound which when sqee 'ted % the ACTON
Of grs produces tbnc IL describes the mode
the process the pss The proo'Itons ana cam lot
combination OF phur and lead with u ber and OF tnns
NOR, IL ~ nor 10 he dDied that The materials ussd are
old the old the phur Old the load old and
heat ele ment, we'll known. What Thea, Is the al
kged discover, IL is simply taking old things mixing
them certain proportions, and when combined subject
ms IN 10 heat and thus producing result IL
there is dispute upon that subject ad ths
gen N void upon other ground cnueod pp1l the o.
rshts 10 the extent Of the grant bat beyond IT,
Now havpE what the alleged discovery Of II H. 1t
bccOu duty 70 orn yodr notice the e.ssd pAe1
Of 849 ard TO stow that u6iCu,y aud artu w. by the
mot implicated machinery Of language expands and en-
lnses the original clam keeping In view tbs whole Ak
tnt the original rvention the motives and the in enons
OF the set0 In the procure OF the patent VI 1919 Will
become very sP2arent ,
la The prosrs f this Investigation, will bros to your
Honor lbe fact that late as Ia 1876 Mo Good
" ar was utterly ignorant Ottbe capacity OF steam when
piled TO rubber sulphur 10 procuce the desired chemical
change IN them viii show that it idea utterly
kuo 10 him at that peTrd Sii and ths he then
dated eIpressly and distinctly, the belief that steam could
be nssd Of dry heat AND expressed his approximations
that If person should set up claim 0r using steam it
bt lead TO questions OF sn embsU .ssiDg character fatal
patent Of 1874 This application OF steam was disc
cred England snd introduced into this country long be-
k,re the year ls49.
IL bessu known that the application OF steam u
Doation OF rubber aud OF sulphur without tbs lead
would produce the elect these two articles that mere
smOs he cannOt pTOdGcs upon the la the msrch
Of improV from DAY c osy rubber fabrics increased
IN mporaI and vue and excited the genius and inven
tive faculties Of the Community, repeated expsrs 70 from
DAY to day communicated results the country, and
1t b. evident II those Who csimcd under Good
to stand patent for composition OF mat
tel snpcct heat and upon that invention a0n Il would
b. impossible Tor them 10 stand without competition with
parties who Osed TunOer alone, rubber combination
wnh other Material or TO maintain their poly against
those Tho uso combination o. rubber and suphlr
vbo superseded 20 sulphur and ubbeT ohsr material
equivalent 10 so Who olOyed new curing pno-
repeat 1t became evident that the Ps,entsss must
by some ans eDaT abe specifications Of their p,ten 81
1874 In uTdeT 10 suppress ard saDih lnpettioo Nov
we III whether the patent OF 1879 does enlarge the
ore OF 1874 ara Whether Goes extraordinary
tent uoe uoe other operations and other c1bnsoCs snd
extend Vastly brycno toe sctasl alleged nysati make
these remarks because friend degred
% pd throw IN suggestions 20 the validity of this
REFS ueo grant oessoing hereafter ~ present n point
ssunety asa your attention - the spsulaTly cOmpi-
eateo phTssvoogS the grant because IL will enable
you % uske easy eno practical application OF the
eeslgn Of It's language The Of the specification
t throws hght upon the motives e the spphcapts IL
sss the application OF heat generally 70 rubbs without