The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-08-22
Professions ON THE
- ru - SEWING-MACHTNE PATENTS.
.. olKCuiT COURT, SOUTHERN DISTRICT OF NEW

Snalley sitting with him
have since ben held under advisemen by the Court The
was very yoiuminous, amounting 10 nearly two
The opinion: of the Court contain all necessary parcu
lars 10 enable the subject to be understood The decisions
are acompete triumph of the compliments
I'D, d0r and N@AGniet Wheeler u.s. James G.
Is. Ge9rgs q Stoat ana others. IN Eqity Same Us.
nelson G. These suits founded upon two reissued
patents to A. B. Wilson, for improvements the feed mo
vo f was s sSr sas en-
n date s9 anar 3d. 6 thereon both bear
ed and re-ssued 9th Dece nber 1855, Numbered IA
plaintiffs; the material had been advanced Under
tor, fixed Permanently to frame called in tecbpic
language, basterplate, which was advanced with the
machnqy By the o7mer pree
Of could OF be- at T 50 that
WAS no Tor regularity Of stitch except the and
was attained but from the permanent attachment of the
cloth to the plate sea with and ges
not be formed The object of the improvement in question
moved automatically under the needle, and the device SO
same lime secure of 81 any % and at the
pshed by the machinery and process described IN The
Instead Of the baste plate, the cloth was advanced under
the needle mechanically, according the arag Inv
an intermittent motion being given at least one Of them
c ea az s the cloth to progress regularity securing
a 70 be turned by the hand as straight or curved
The claims in the issued patents numbered SAG and A.
VIII oh in controversy In these suits ali founded nnon
THIS feed Improvement upon the previous sewing machines
Inc utility Of The Improvement is admitted indeed it is
aPpire9t that without it or some equivalent which would
machine now in almost universal USE would have been
however, that Wilson the rst and inventor
which ction raises the principal question cases
s TS that fsh be relied upon according the proof
70 prove PrtE anSd6b 81 Ro %% IL
The proof very full and satisfactory that the invention
OF was SO far matured as to admit of wing curved
yecas o as iar naGk as ISIS In APRIL
published Ptts6eid Masssehusetts and in SoVem
thographic prints were given in the Scientific American
Atkins himself has been examined as witness in these
oe dse y of his M and he
the He made previous ovH san ne ate Pa of
three on the subject but neither OF these does
farhes his adavts carry its date the fall 1859 And
oyer and above his testimony the clear and decided weight
when examined as witness in the cases. namely the fall of
DISPUTE and that machine i made BY RSns
after the partnership with Fehousen (Which commenced
resembling that Of the Lerow Bodgett machine, which
The admitting or curved seams was first introduced
into the cond machine made by him in the fall of 1850
some two years after the date of Wilson's mprOVeen Mt and
which was even after the date Of his patent 1t il renal
abe II Akns had Invented the feed Improvement as
ISIS, which admitted the sewing carved seams an i'm
ement useful and which has added SO much to the
when he commenced the business of manufacturipg The
mreines he should have omitted the it altogether
patent issued to him Fehousen jointly, August
o. S2 as oht lncludng this Improvement This
agreed that these patenteSs first business to-
previous connection in sewing machines nor any
knowledge of them. Both have made oath that they
the patent could issue; and if true Felthousen the
dae OF the invention must have been later than August
of the improvement of the feed which, true the Patent
AEns and Feoan as n hare
for an on the sewing machine by of them
Of tbp
in the feed and Feousen of the setscrew above the
and not joint psen to
the two II SO issued the patent is void. This action Of
firm the view q Atkins himself in his testimony that he
a n2t invent the until after the partnership
We forbea going the proofs in upon this ques
very CAREFUL yss and examnation the weight is ali
one way and that is against the preension behalf
In respect 10 the claim of Lender W Langdon his own
account Of his invention follows That when thirteen
years fage and in the service Daniel RAIL- in Rochester
New ork some time in the S he read the
description that the cloth pscd on pins sharp points
o ne Gaye OF the seam could not be varied after the
CURED to him of making feed by which the curve of the
aed lis thoughts as to make feed mode a out 50 Of a
$hngie other parts Of the machine made Moth
ing further was done in the of perfccpg his mprov
ment or IN adapting to practical use till the fall OF $780,
shop of Mr. Wright, Rochester The single feed model
ol was not preserved as of any value importance
He claims that the machine made in wrghrs shop in the
devised in ISL Langdon in subseqaen eXa g igg
tlon ATTEMPTED 70 change the time of working upon
It is quite clear, adopting the most favorable account
OF the invention Of Langdon as given by himself that the
proof IA Is short OF overcoming the patents Wilson, and
the testimony upon WHICH the originality and priority Of
another conceived the possibility Affecting What the paan
party ALLEGED to have produced it, must have
IN some distinct form 1t must have been carried int prac
ne i entsfd to patent Who beng
adapted it to pra c4I use Crude and imperfect expert
years; oaun3 be permitted to prevail against original
bs whP hR d perfected d his ard obtained
IN TINS case the pretended single model containing
for CONNECTING it with adaetin machiht
by Wilson perfected patent granted and the working
machine had gone into general use
conclusive upon the question: the proofs are overwhelming
that LangdOns alleged improvement long after that Il
wilson and even after the issuing of his patent of 18th No
Even the engine at Rails which pretends to have been
engaged in orking when he description OF the sew
ing machine in newspaper, and his single model Of
the spring of lSS And the clear weight Of the
FIJI h %en tn wo 9 e wopKed upon eWng machn
was engaged IN manufacturing A. b. Wilson'S machines,
and dld not commence making machine for himself
with view to any improvements upon the same, till
spring or summer of 1852
Our conclusion is that upon the whole ST the proofs in the
cases the clear weight of them supports the priority of B.
Wilson invention of the feed notion and Consequently the
Some objections have been taken in the defence ndepen
deny Of the question upon the nvencn which it is
An objection that the proper parties complanants have
This objection is founded upon The etimony of Orlando
ants He states that the suits We're commenced for the nte
rest ana benefit Of the Two companies represented by him
Manufacturing Company and The Grover Baker Sewing
Machine Company and that they have interest the
SUITS except representatives of the two companies and
stockholders therein That the patents by them
as trustees of these companies.
The proofs show that the legal title patents and ex
elusive right to them in the State of New York the
lii urged however, that in equity all parties must be
Joined who are interested in the subectmaer of the ga
In according to the testimony of Potter these
two companies be said be interested whether 80
not as to require them to be Joined suit is not GER
then their interest would not be such as would in the
OF te law OF patents equre them to be joined and this
the relation they hold to the complanans insisted upon
This objection to parties taken in the answer
do the proofs either side have been directed
to the question 1t been raised for the first time at the
to introduce evidence the subject hesrng but the
s 5eceo9 too pn to call for any
the opposite party would have been called to it, OPP
parties favored when pos poned to the final hearng
upon the peadings and plocf q Peters, 299, 300 ID
Objections have also been taken some of the claims
under the essued patents of the 22d January, 1856 Nos
The first claim in No 3lG is the method of causing the
cloth to be ewed TO progress regularly by the joint action
the surfaces between which is camped ami which act in
conuncon substantially in the manner and for the purpo.
The second holding the cloth by needle or its
equivalent in combination with the method causing it to
progress regularly, substantially set forth.
The third arranging the feeding surfaces substantially
specified in such relation to the needle that they one
them shalt perform the office of stripping the cloth from the
needle as it rises or recedes from it; and
The fourth so mounting and attaching of the
ing surfaces to other portion the machine that it
may be removed or drawn away from the other surface
pleasure, as setforth
Now, is apparent that all several claims rest uprn
and out Of the main improvement feeding an
q b tine Ge tTG SUI fac the cloth
OF of them and arranged at the time, to
practically useful curvature II this device is novel;
have already shown that it then these dependent
combinations and devices may well be maintained.
The observations applicable TO the ella I'M Tor
embracing this feed Improvement in the pat
ent numbered Ala.
8 An objection is also taken that the defendants
chimes do not infringe the improvement of the feed motion
of Wilson.
The leading original idea of Wilson, and which he has
between which cloth is casped or h. ID
for the of previous machines and arranging
mttent motion of both would advance the cloth
the needle and at the time admit of its being
clear that this conception which has remeded great de
feet in previous machines by getting rid of the frame upon
which the cloth fastened, and which could only
straight seams fixed curves only was capable of
being embodied into working machine in various modes
and forms skG mechanic by skill, and without
the of the inventive faculties could embody adapt
it u practical by different mechanical devices This
requires ngenuity simply, not invention But long
ment matter what be its form shape appear
ance, the party using is appropratng his invention
must be held infringer and within this view
ised the machines of the several defendants be
garded violations OF the patents in question.
Upon the whole after the best consideration have
been able to give t. these satisfied the
painants entitled to decree for the nfrngements
and for nuncons and reference to Master to take an aC
count.