New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-10
United STATES.

The Corr P,rEsr-The following is the decision OF the
Commissioner Of Patents against the application Of samuel
Coli for an of patent for his mode Of making FIRE
arms
I'm June 1885, the applicant obtained patent Tor srcts
" chamber for fire arms In 1882 second patent
Granted for improvements thereon the most important OF
which was the loading lever In 1850 the former OF these
patents extended for years, and be now ASKS
ike exension for the latter.
The statute requires the applicant 10 such cases to fur
uish statement Of his receipts aud expenditures sum
GENTLY in detail to exhibit true and faithful account OF
loss profit any scerung 10 him from and by
reason Of said invention.
This requirement has not been duly complied with in
the present case but the decision will turn upon snoh
or pont this defect will be no further considered.
1.-THE applicant that he never has IN any way ii
recty Indirectly derived any reward tor his said inyen
ton patented In 1889 This statement certainly grows
out of a mistaken basis of computation
The testimony shows that the applicant has manuiac
tured ard OF pistols Of various sizes Taking
into account the prices al which they have been sold the
cost of manufacture and the commission allowed for sell
ing the profit those pistols viii not fall far short ct
81 0O0O0O.
"This testimony stands wholly uncontradicted op
posing evidence offered. Even the witnessed by
whom these facts proved were not cross examined by
the counsel for the applicants although he wa present
their examination The fact them may be taken con
sequent and indisputable.
Now the expenses Of the applicant together with his
losses and the value Of his time aud services estimated
by him Goo which certainly leaves very handsome
balance in hi. favor But he takes the ground that all
these profits due to his r" Pde" aud none to The
Therein consists the mistake All the pistol. testied
10 as above stated were constructed with the Improve
ents embraced in the second patent Are these improve
of value II so, there Is no ground Tor an eI
But if they valuable they certainly aug
mented the value Of the pistols to which they were at
tacbed
But 1t will be said that the price Of these pistols vas
not in consequence of the addition Of these i'm
provements This may be true, but u does not follow
that they have been productive of no benefit;
The yender Of commodity often finds h adysn
tageous to diminish its price in order to the
10 fna hnff The
modify while the price remains unchanged produces me
like effect all events, the pistol with all ITS improve
mens was Manufactured and cold as whole. Large
profits have been thereby realised The applicant cannot
be pened TO say these profits have all accrued from the
manufacture and sale Of the rotary chamber. They 70
suit from the whole pistol improved with all IL parts
The mprovements embraced la the patent sought
be extended gave enhanced value TO the arm Ths
caused s general introduction and enabled the paentes
10 dispose Of the vast number which has changed his
early esses into such abundant profits reasonable
share Of these should be credited to his last invention
Such course will appear the more just when Is re
now considering with the early losses 30 which he was sub
ected in the endeavor brRg his pistol into general use
He goes back in this reckoning to time anterior u
The date Of the present invention. and makes mp
count in the total Of $4,000 20 cover his expenses and
Losses time and money This debit account aecraed ID
the endesyor 10 introduce the rho p,s including the
subjects Of both patents Bat Il would further. -
though the applicant intended 10 charge the whole OF this
debit against the subject Of the second Pslent. Al All
of that charge stand aanst the patent sought 10 be
extended Why then should not the subject OF this patent
be credited with its share OF the profits Bat the applicant
ayers under OATH that the patent sought to be
tended has thus far been OF service and that Tor the
purposes Of his manufacture and the profits thereof he
would have been well of II the improvements de
scrbed in the patent Of 1899 had been public property
If this correct 1t furnishes strong argument against the
extension now sought.
The reason given by the applicants for the conclu.os
above stated that the patent OF 1895 has till this time
protected the improvements patented in 1888, and that
therefore the whole benefit Of those improvements could
l.. l.. Ill. .A fA..f. ruutfh
Now the patent Of 1896 has been extended to 1857. II
the first patent has protected the subject Of the second up
to this date will do the same thing n ought that APP
pears for four years longer The profits already received
have already accrued within the Last six years From the
increased extent OF thmanuacure and Of these ps
tolls the profits in the foar years 10 come win probably
equal ihose Of the SIX year past 90 tina, the 100000
in bis patents without the extension Of the pet
ent Of 1899 win probably amount 70 near 100000
The view evidently taken OF this subject by the spph
cant i that he Is entitled to an extension Of his patent an
es be has derived from the patent already granted suf
fcient compensation for biz invention Such h not the
law To Justify an extension Of this patent the connie
,oper must be satisfied that the applicant without neglect
or fault on bis part has failed 10 obtain from the and
sale Of bis invention reasonabs remuneration for the
time ingenuity and expense bestowed upon the same Act
OF iss6 sec Is 1t matters NOD, then whether the spp
cant has realized dollar in consequence Of the rstsnt
OF 1882 which has been extended 70 sS7 has protested
the subject of the Patent Of 1882 and thereby enabled fss
in, entor 10 reap the fa benefit Of this alter invention -
s 10 entitled to extension than though the who
advantage had grown out Of the Patsui Of 1889.
ap o" s1 70 uD sS0T he sDSs In his
pect he has wholly failed Neither bs worn s.s-e
ment the testimony 81 the witnesses wno 'sss s.sh
ton sucsnS liberal Compensation but on the contra,
~ G degree OF success and prosperity . sn4~n "nSl :
can ory wish were moro generally realized BY the an'Ao
Of all other useful inventions
The extension i therefore deIie d = ,..-,....,
10 y Patent oaeo AasnH p lsss" =,