The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-12-08

ton" which was effectively described as to make me
which the section had mentioned The object is stated
10 be 10 make the defective description good one, 80
that il will actually confer rights but makes no al.
new claims inserted The section has such object
The words "salns invention clearly The came that
had been patented ihouxF not properly described u y
had been intended 10 allow new things be described
and claimed, il would have been stated To give i
such construction must inteTpoate the words
'nrgnalIy made" where the word "patened" 10 most
clearly implied When inventor asslgnsa patent for
machine for the residue OF his term il would be unjust
nay, unlawfufor the assignee TO surrender the Old and
take new patent for things not included 10 IT. Ihe IN
may svs M 70 se paen
otherwise. By assigning the old patent he c0nfefs no
right 10 anything not claimed and attempted 10 Dc de.
scr,bed. Suppose an inventor assigns his appca,loih
and the patent is issued his grantee, he conveys only
what he claims aud specifies. II be invented more, u re-
mains his What right has the grantee 10 what Is not
mentioned in the contract OF sale he DID not purchase
it, His contract or assignment should be interpreted
like all others, by the intention OF parties 10 II, as ex-
pressed in the writing No greater error can be commit
ei than TO apply rules il relation 70 patents ana n,hss
and common transactions. Without giving forced and
construction to the words same invention,
this canno hold that new claims and descriptions
can be included in reissusd patent II properly
srued then these claims and newly described things
have been wrongfulls inserted and the patent bad
Eisveah Morse's pitent OF lS46 void, because ma
eria parts Of were in public uss and had been patent,
ed and described IN printed publication before ms app
cation
The frs, clam in /. Is for the invention Of connecting
crcui,s. that one brings another into use This was
invented by Professor Henry, and used by him. as he
swears years before Morse claims TO have made the in
veniion. lie also swears that he saw il in use by
Wheals,one in April, 1897. Il was patented by Wheat
stone in 1897, and appears in Davys, in England, in
1855. and is also described in the London Mechanics
Magazine ls3S. and by Vail. Zone Of the paintFs)
hia book published in 1915 Morse himself had patented
in 1s4s n the second OF his patent OF ls40 Il
Is there 10 thcsc words claim as my invention the
with independent 5at,eries substantially by the means
herein described for the purpose OF obvating the dimn
ished force Of eecro magnetism in long circuits and
at!ing e to Command sufficient power to put in motion
reg istering or recording machinery at distance"
In the patent OF 1916 il is "the employment In main
teegaphc circuit OF device con.rivance, called the
receiving magnet in combination with short local in
dependent circuit, ccats, each having register and
Register magnet other agneic contrvances, for regis
terng and sustaining such relation to the register mag
other magnetic convanees for registering, and to
the length OF the circuit Of telegraph ne will enable
me TO obtain with the aid OF the main galvanic battery
and circuit, and the Intervention of local battery and
be obtained otherwise without the Of much larger
gavanc battery If at all" This long and foggy
ence covers contrivanee for connecting circuits and
10 the pa,en, Of ls4o By reierins 10 the two specica
tons they describe the same things as far described
all Thorough examination will show that they the
same means and have the same description, and
poyed for the purpose. The registering and eceiv
ing magnets simply Henry's eleC,lo magnet AL
though is pretended that the former has stops and
spiral spring for adjustment sill these things de
sCrlbed by Morse do they form part OF the Tecev
ing magnet, nor do they constitute paenable inven
ton. But IL they described. they actually appear
Of his patent of is4o, now in the hands OF the
court, and therefore could have been covered by
another patent II the old patent does mol include his
FIRST claim n the new then 10 perfectly certain that he
did not nventit until many years aer Henry did and
after Wheaistone and Oavy described il in their paens
and used il pu.clyin England. and until after il bad
been described in printed publication in London. 1t has
been alleged that the convance in the patent OF is4o
secondly ressued. would not transmit the galvanic
carsent both ways BY the use OF single WIRE II would
not. the present conryan ances do 80. Al frs,
Morse did know The ground could be used a. part
OF the circuit, and hence retarn wire needed and
employed by him. But when he adopted this part oil
Seinheis Invention, the ground took the place Of the
second wire But even the current cannot be trans
mitted both ways The wire without changing the
poles OF the batteries The current always goes in
direction II Baltimore wishes to send 10 Washington,
the current leaves pole of the battery, proceeds
Washington and comes back TO The other pole OF the
batteyxoOg in oAe direction through The wire, and in
the other in the ground. II Washington sends to Bslti.
more the current leaves the like pole Of the Washing
ton battery proceeds 10 Baltimore. and back to
the other battery at The place Of starting 1t is the
rame in communicating 10 philadelphia and New
York The preence that there has been change in this
respect is all delusive The only alteration by Morse
was The adoption. Of StenbePs discovery OF using the
earth part Of the circuit without the grace oil
knoy edsment. But even this he does moi describe and
claim. This patent is invalid because OF this long prior
discovery prior published description and prior patent
ing, aud prior use oil the thing claimed.
Ttcslfh. Morse's ressued patent OF 1916 ID invalid
because il 10 broader than The original
This 10 The same qnestlon The tenth proposition, be-
ing applied however, TO Morse last patent shall there
fore merely show the fact that il s broader Morse, in
his fst claim in this patent, claims the employment OF
receiving magnet. or its equivalent, in combination with
short local. independent circuit, haviog register mag
mel, for The purpose Of obtaining power. There ia
no such claim in the original lie there claimed the in
venon Of the receiving magnet. o similar char
acer, sustaining certain relations enable him TO obtain
power. without mentioning Short, local. independent
circuit. or the present combination He claims two
eria enlargement OF hs preensions His third claim
arged by claiming ndentalons upon paper and other fab
rcs instead of using coloring matter His hsora recital
though not an enlargement of his claim. attempt
sell gloihcaon at The expense Of prior inventors II
am right in relation TO these enlargemens. this patent s
a legal nulliiy.
Th,risenfi. The power 10 surrender and reissue on
account Of defective specific iien did authorize Morse
10 m axe specifications aad having made nc - ones,
hs patents are bad.
This illustrates the danger OF wing patentce
under preence Of correcting and amending defective
specification, to make = There really no
such defect stated and none will be pointed out
that the thing first patented cannot be followed the
court will learn by trying 10 do 20 in the new In
stead OF correcting void thiDK as TO make valid
pretended the statement in these patents new
inventions aud enlarged claims ngenIousy
The surrender made, the reissue claimed
OF enlaxng the claims 10 include the whole nven
tion but 10 amend defective specification. Under this
preence in fraud oil The law, new specification - writ
ten ou and things not invented by him introduced,
and claims made to known Inventions OF others
Neither then nor now can Morse name one thing that
Asr,~o ,k>i hafcr Tha he