The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-10-15
INTERIOR DKPAHrMKSr.

hear the case himself This method gives satisfaction to
all applicants for it affords them better guarantee of
justice than where the appeal is left the decision of
single individual
''The decision just and liberal and shows that the
Commissioner has correct views of his duties At SIN
gle he sets aside the venerable but minded
practice of the Office in refusing patents because the i'm
proyenent claimed may happen to ben the examiners
notion "a simple The declaration Of the commits
soner that very slight changes often produce the great
est and most valuable results is susceptible of the most
complete proof and gratifed beyond to
find this view clearly set FORTH likely to be the flu
ture practice of the office under its administration
We have every to believe that inventors will find
true and consistent defender Of their rights in the
commissioner"
Commissioner Hohs Decision.
USIIyp STATES PATENT OfFIcE,
September %, 1857.
In the matter of Joseph Davis application for patent
for alleged Improvement in carding machines. This
having been twice rejected and, appeal to the
Commissioner by him referred to board of examiners
who have been unable to agree in opinion, have given
to the questions involved personal examination and
have arrived at the following conclusions
The result attained by the Improvement now sought
to be patented the saving of the fine fbres hitherto
thrown off the carding cylinder and losts admitted to
be and important; indeed eminently 80, being the
supply of what has been desderatum in cardng
machines such being the fact the general rule of law
is that sufficient amount of invention to support pat
ent ,cN be presumed 1t is objected, however in sub
stance that this and valuable result is but what Is
technically known in legal parance as second use
it is, of COURSE not patentable. But it is Of the
essence of second USE, SUCH that it should be
produced by machinery or process already known,
and by mode of operation Of such machinery al
ready in Can it be successfully maintained that
such is the here An inspection Of the machine has
failed to satisfy my mind of the apposeness Of the refer
given. The improvement patented by Daniels
Dewey consisted in combination of smooth rollers, with
a wool-picking machine; the under consideration
CIV,
machine One of the elements of the combination the
smooth roerss the in both but the other being
essentially different the two improvements, which
sist also in combinations distinct and different as
a wool picking is from wool-cardng machine. The
mode of operation is also entirely different In Daniels
Deweys machine the rollers turn in opposite directions
and without this opposite rotary motion the result
aimed at-the throwing off the dirt and other impu-
rities--would not have been accomplished. In Da-
vss machine the end sought to be attained is just
the of this, its functions being not to throw
off but to CATCH retain, and restore to the main CYL
inder, those fbres which, under the operation of
Daniels Dewey's machine are cast away and lost
The end being thus different, the mode of action
is accordingly varied The rotary rollers move, not
in opposite but in the direction, and this is
necessary to the object to be effected the opposite
movements to the object contemplated by Daniels &
Dewey 1t may be said that this is slight change, and
which might readily suggest itself to any mechanic
But this does not furnish the true test of the patentab
ity of invention. Rery sgk changes often Preiae the
greatest and most valuable ru and it is by those results,
and by them only that the value and Importance of the
changes to be ascertained.
Believing them that the machine under consideration
presents combination, new mode of operation,
and produces and most useful result cannot hes
itate to grant tho application for patent
j. HOLT, Commissioner.
Intrusion upon The Delauare Indian Reserraon Act
ing Commissioner Of Indian Affairs Tuesday last re-
cevcd information from the proper Indian agent that
large numbers Of persons had left Leavenwoth, Kansas
for the purpose of settling upon the lands belonging to
the Delaware Indians which information laid before
the Secretary of the Interior Yesterday two additional
letters confirming the above statement and asking for
the intcposition of the also received
and promptly laid before the Secretary.
Our government, by treaty stipulations made with
these Indians is bound to and keep out Of this
reservation all intruden For the purpose of eectng
this instructions will be sent to the Indian agents
force this law, and if their efforts should fail United
States troops will be called upon to give them their aid
Chinese Sugar Cane, (Sorgho Sucre Mr.. j. f. G. Hyde,
of Newton Centre Massachusetts, (ays correspondent
writing the head of the agricultural division of the
Patent OHice,) has West India sugar mill of twohose
power in constant operation and gnds for his
and several adjoining counties. He charges fifty cents
per gallon for making sirup for others from their canes
and sells his own at dollar per gallon So he will
get back his $500 spent for his MILL and he has al
ready turned the laugh ut his alleged folly He is
making barrels of strip every day. and has full bank of
large boilers at work He will have his byae made into
paper He weighs his and keeps count of his pro-
ducts.
DR. John Bacon, one of the microscopic committee
of the Boston Society of Natural History who at
time sided with Dr. A. A. Hays reports that the commit
the Chinese sugar had to the conclusion
that the crystals Of sagar otsained from Opt Wainwright
ripe Of the form Of those Of sugar, and will
port accordingly.
The Rigid of Wadous 10 Pre-nption. Acting Com
missioner of the General Land Office having been asked
the question whether if administrator of deceased
person shall establish the right of deceased to pre-empt
lot OF land the widow will be entitled to in fee
that officer has decided that under the provisions of the
law of I843 the entry must be made in favor Of the heirs
of the deceased preemptor and the patent must
the title to inure to them If their had been
specially mentioned The interest of the widow in
try thus made will be determined by the law regulating
the distribution Of real estate Of the State Territory
which the land lies.
roH oFvrcK DEPARTMENT.
Postna,ter,' Supplies Postmaster General has or
dered that all postmasters whose compensation exceeds
sl2 so per quarter shall be supplied with wrapping