New-York daily tribune., 1859-07-30

LET n. copst,u. the pstsu: altogether |: Is true, he
.ays Al the n. Of bis specification, tbs,
hsy. invented 4 r.E sui useful msbafae'ur-, which
81 depomips.e corrugated SHRED 1odis Rubber
goods" BIZ. Iook at What he RS ly pa,eos. Do7s
! h. pa,suta new manufactured Wha, toes he ea!l It
in b,, spuication 70 the Patsn Office ior extension,
when lie -Iesks Of having sold Il TO suydAn Anew
| IMPROVEMENT Wba. does be ssy below IN bis
claim, Doe. i: read thus Having for the
purpose of putting the pnbhe in possession OF my
invention, fully described the nGsEre Of @y T1Hrfas-
ta.e a-lcl slay esH shire! or gated goods
II tba. had been ;hs language used there would have
been some force IN the construction claimed by the
! defendants. Bu. the lasgaags ia this: Having,
&e. fully described the nature OF my NEW ~nHrjac-
sE,e at corr. gated goods Tnen there Wa manu-
fsoture before; iha admitted. That apparent On
the face Of this patent; he cOn.inues And haviag
also set forth the manner in which usscure the
| same what claim as new thereis, Implying thai
there Wa something ike before AID desire 10 secure
ty letters ps.en the forming o. such goods by the
stretching of strips threats of India Ruboef te sucn
extent AZ may be desired and the covering Of SID
| strips On opposite sides with the amrS OF cloth,
leather any other suitable material, which iann$
are 70 be united TO each other aod 70 the threats f
stnps Of cloh by means Of Indis Rubber cement the
came beng effected to produce the manufactured
article such as herein sc. FORTH Nov, what is his
pe,ent I. is Few process Of Masking manufacture
ths. was know before. Instead o. making corrugated
goods by sewing or weaving, which was dia'ory
| process, he makes them more easily and quickly by
cementpg. Ina, is what he ps'ents--a ne~ maDufac
ture Of corrugated goods 1t Wa 8 new and u.efGl
| improvement in a known mahuacsure, a1d theiesore
patensble by the Law of 1886.
| l.. a.ft
patent, from the testimony in the cause, aud from the
| language OF Goodyear himself ia his application 10
the Commissioner Of Patents that he did not intend to
limit his grant in the contracts OF 1885, to the goods
made under the patent Of March 9, 1914.
Let Us now ZEE il there is anything is the collateral
| testimony to show tina; there could have been any
| other intention, on the part of Gocdyear, when he
| used these words.
In Goodyesrs assignment, on the 18th of.Sepseu-
ber lsJs to the Union Irda- Rubber Company, there
is lie portion which struck my mind forcbly, IN con-
nsction with this ques,ion He goes ou 70 say:
Now, in consideration Of the premises, and oi the
sum Vi $50 coo paid TO the pnty of the first part by
the parties Of the feoord part the receipt whereof Is
bereb, acknowledged and OF the tariff, bersin spec
fed the party Of the first part has granted barsained
sold and conveyed unto tie parties o. the second
|
right and privilege TO make use end vend to others
20 be used the invention OF vuesnlzed I.da-Rnbter,
. so far as the may - can be used in the
manufacture of al braided, woven, cemened or sewed
fabrics or such be covered or protected
n one or both sdes with substances other than rub
Der. and in all smooth elastic skirred goods" cite
this for the purpose of asking this question: Why,
if there were not other shired goods made thsn those
| Jax 81. Il u "A he mt fhesa
in here Because il is admitted that Day held the
right 10 shirred goods at this time. Does il not show
that there were other shrred goods than those made
ubGer the patent Of March g. 1874 cite it for that
| purpose, and that alone.
Let us now look q. the three licenses referred to in
the contrac: of 1896 The first is the license to Hutch
inson & Runyon on the 18th Of August ls,j. IL con-
yey. TO them "a free license to manufacture, use and
yend .hirred and corrugated goods Of erey descrip
to in 80 far a. the sad Charles Goodyear may have
sry rights or privileges Shirred goods Of erery de-
scription Now in the contract of the 29th of OctO
ber, 1916, between Goodyear Day, the language is
to make use, and vend " all shirred or corrugated
goods" except far as Goodyear has parted With the
right by three licenses; therefore, it il important to
ascertain what those three licenses contain. Goodyear
conveys to Hutchinson & Ranyon the right to use his
inventions the manufacture Of shirred corrugated
goods of every description, IL far as he has right
| 10 sell, Nov, he had the right to sell his inven-
tons, under bis pstents OF March 3. 1874 But
there are some things that he hsa not q right to
do. Ne Lad 10 monopoly in woven goods made
of common gum, but he could sell the night to
make cemented goods Of common rubber and of vul
canzed rubber, and he could sell the righ, TO make
woven goods of epcani.ed rubber and therefore, he
puts that qualification in. He says also, in his license
TO Hutchinson & Runyop, tina, they shall pay him at
the rate Of ten eerts per square yard for all said
SHRED goods which they or their assigns shall make,
BY or under, not The patent Of 1884, but "by or un-
der any Inventions improvement, or .tters pstent
before prentoned.' Now, can any one doubt about
that constructiopl l have not shallow of doubt
that he intended TO give 10 Hutchinson & Ruuyon,
by IL license, the right 10 manufacture all kinds OF
sbiped goods whether ttey cemented, sewed
OF woven; and 10 use in their manufacture bis vul
c.r zed rubber. That s the l.nguege. /, could not
b. pl,iner. They are To- pay Goodyear ten cents
per square yard on all sllrred goods which they
their assgrs shall make or cause 70 be made by or
under any of the Inventions improvements letters
patent before mentioned That is 10 say, if Hutch
! ipsop & KuDyon make woven shirrci goods, OF vul.
! capizei rubber, they bound 10 psy ten cents
| square yaId because trey making them uader the
patent of June l5 1874 ior they contract TO pay for
all such goods that they may make under any Of the
ps, nts, Of which tnis is do not think the En-
glsh language could b. palmer. On the OH OF De-
cember, 1876, IIutchipsos Il Runyon rccorveyed TO
Goodyear this license in general terms, for the MANN
iae,ure " Of shirTed or corrugated India Rubber
gocls.'
The License to Onderjonck & Letson was granted
in Sept. mber, 1876. 1t IS also license to nanuiac
ture use aud vend shirred or corrugated goods Of