The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-12

galvnpio current which call electro agnsm, however
rBs or letters 1t any DISTANCES being application
Of that power Of WHOM claim 10 DO tae nrss Inventor or
oscovsrer"
The patent Is for an improvsment The srst olsn re-
fsrss The previously invented ess, sgraphs on which
the action exercise Of electrical power upon the mag
nehzsd bsr needle" produos dthecoDs " the bar or
sseos which the subject of insps cton, bat the
asserts that the electrical power had not bssn aP-
phsd TO record the communicates.
WI % perceived that the invention patented but
one OF The numerous forms OF the Telegraph a.d
II not pretended In the patent Itself that tss pstentss
e nssn.or OF that last and most wor drous birth
The needle or pointer telegraph hsd been slrssdy
patented n This country BY some Autrcan gentlemen,
assxnses CT hessrs Cooke WbeAtstone and thsy had
OBJ aAsd pate at for that form Of the electric TELEGRAPH
three years before (Juns IL 1880 in Eosllnd Thoss
Of the electric esap although the Vulgar opinion In
England 10 that they the invs ntor because thsv
were tfs t to introduce the electric telegraph into pub
lilo In that country, which they did ia 1887 about sx
befo Morse began to construct his ast line tss
United States
About two years before Cooke sad whsstoue perfect
structsd in Germany for she sion OF intelligence
between owos the wires being suspended ON poles
cords 70 the pre- seat fashion.
Go pitoP says that ths sUprsme Court has decided
that Morse tina inventor of art of ang
This ws not only not claimed by Morse IN hi. patsn
but e1pressy dsclAinsd thsrep, already sho
such claim would have been absurd 10 the highest d.
gree for twas well known all the world At the tim,
when Morse obtained his patent that the invention Of
tie electric Telegraph could not be claimed BY any
man. nor BY Any one nation and that various ors Of tho
neecIe, or pointer telegraph had been invented by diff
fsret persona, patented Acd put 10 BEFORE
What Morse claimed will &c perceived from tina above
extracts from his patcot that he hss Invented i'm
consisted In this:tuaead Of using tho esori ,sl
power upon tho msguezed bar for thu purpose Of
rs that bar TO point to letters he the for the
purpose OF making dots and horx paper
moved regularly BY these dots and scrAohss
stardipg Tor letters thusrb dots stood for A;
dots, space and then Two dots more for b d. h.
4 AL for K Nc MoySar st ha
the hrrt to invent tss form of the electric tesgrA and
that Ia an Improvement on the previous system Both
propctt M csnisd but the tviosnse as stands In
the Kentucky sac, (no testimony being abroad)
sustsns the claim and the accordingly decide
Morse the inventor Of the art of tegrAphuy that
assertion 10 only made in the newspaper paragraph GOT
by parties inter sed In korse patents Those par.
ties claim . monopoly OF all tho means OF recording
marh iDttlie snos, the ground that Morse having
invented mode Of doing entitled 70 . patent
for all Such claim would have bsen Ely
secuted by the public but tor the arot appssls to the
LatioBa vanity and the assertion hist Morse the In
vs0or moi merely of one out of sbont forty OF the exist
lag systems OF phng but that the world Ii lode bt
60 to him for tho instantaneous transmission Of ateli
gecsl
The public do not undertand nor care straw Abou,
inc oiheront systems OF tslegrs hing and be here
oe,erveo that although Ia aud Frsacs tners h
no legal obstacle to the OF sorses ayss telegraph
the needle or pointer telegraph
Tne supreme Court have rjscted the eighth claim be-
sause It Gid not oonHre the patent tho specific mseh
parts OF schinery described Ia the foregoing
specifications and claims" Judge Woo bury sustained
that claim in the suit brought BY Morse against House
holding that construed With the context it merely
meant TO claim monopoly Of the prod ucton Of signs
letters By the nssns in icsd, and tina. th would pro
tect him against tho BY others of which might
In law be deemed squtval nts" The Judge sus aimed al
Morses claims but held that House used hing which
More hsc invented.
The Supreme Court have not Put so favorable con
stsuctlon upon the eighth claim Judge Woodbury. did,
but held that It claims pstent for than Morss In
vented. and is there bad
The plain csu mon isnss rule Of law laid down by
Juoge Woodbury. and imed by the Supreme Court, ID
thatErum enAlities are the only proper subjects for pro-
lection by patents and that pat. ntd all "equlva
lents are LIipg enta As observed By Jldse Wood.
bury 'otbsr inventors must take not to any
thing which Morse invented Any body lay begin
where he began and avoiding the Of his improve.
meDts MAJ invent ard use others.
There aye rome patent agents OF the high .Alutin"
der, and even judges who In love with huge
opoes and msnsn the law to bs that he who adds
the last link any Invention may Approp ste to him elf
AL the hbors Of hi' predecessors OBJ ain complete
monopoly OF the Few manufacture, art &o-thAt he is
not fined to patent for what he invented but that
le may take 1t Ia such form that shall bs par
mt.d to begin where he began, and taking . different
coure arrive 1T the aAne = better re,ut Ac.
cordDg 10 this doctrine Ia guilty Of infringe neat
who does not Avail hi nse OF the nventou saio to be
ufrr ged The supporters OF this doctns received
heavy blow and great dssourigemsnt from this do.
ciaiOu. Y