Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-08-31

lHE SEwING-MAcHINE CoNTRoyERsY--A
FEW FACTS FOR lNoU1RNG MINDs.-Ceorge
B. Sloat, in card to the public, affirms that
Judge Nelson's decision is that "of an iufe-
11or and petty Court" which ''has been vir-
Iuaily annuiled or reversed by the recent
decision OF the Hon. Chief Justice Dunlop. of
,ne Sircuit Court OF the United States and
MI. Sloat afirms, in a previous card, that
there is no appeal from Judge DunloDs de-
cision--that it ends the controversy, nc. :.
Fact No. l.--Mr. Samuel Nelson il one of
the Judges of the Supreme Court of the
United States and was sitting at Coopers-
town, in his circuit jurisdiction. and from
his decision there is only the right of apneaI
to the full bench of the United States Su-
preme Court. I7 :
Fact No. 2.-Mr. James Dunlop is Chief
Justice of the Circuit Court of the District
Of Colombia, having authority, by act Of
congress Schapter eighty-eight section
eleyenb to hear and decide cases of appeal
from the Commissioner Of the Patent Office
as to the granting of new patents, or the re.
issue OF previous ones. And the same
statute provides, "That no decision of the
Judge in any such case shall preclude any
person interested from the right to contest
the same IN any. judicial Court in any action
In which its validity may come in question:"
Fact No. 3.--The decision of Judge Dun
@Ip,. @,Sp was given July 81, and that Of Judge
Query No, (which is the spetfy and
t,yerior court, Judge Nelson of the Supreme
Court OF the. United States, sitting in one Of
ms circuits, or Judge Dunlop, of the Circuit
Court OF the District of Columbia? n
Query No. 2s--How, can decision of July.
Vi reverse or annul q subsequent one, giyef,
some weeks after, on August III
query No: 3.--ls not the assertion of ''no
appear and "end of the controversy" in
tended to falsify the real facts of the case? ( :
. Eaet NS. Alt appears that the matter in
issue, before Judge Dunlop was merely
whether a reissue of patent should be
granted to James G. Wilson, as assignee of
Aiken Felthousen, the original patentees,
for the "wheel feedp device, the Commits.
sioner having decided that /. NJ. Singer was
the prior inventor, and it does not appear
that any other than Mr.. Singer contested the
point, or that the question Of the date of A.
b. wilson's invention Of the friction feed,
entered into the hearing at all. The reissue
was ordered by Judge Dunlop, and whatever
Mr.. ]. G. Wilson may claim, or Mr.. Sloat
under him, the courts may sustain or over
throw their claim, as the matter may appear
on the trial of any contested case that NAV
rise on the merits of the reissued patent.
Fact No. DIN the hearing before JUDGE
Nelson, the entire merits of the friction feed |
were gone into, and all that could be brought
% bear against the A. B. Wilson patent was
offered in evidence, Mr.. Soat bringing out |
lis j. G.. Wilson's patent, and putting Mr.
Aikens (his "original inventory himself |
ipon the stand, And yet Judge Nelson saws
n his decision, after reviewing Aikens,s ev- |
dence, that Nafter very careful analysis
md examination of the proofs of priority, the |
weight is all one way, and that is against ne
'refens!ons set Up in behalf Of Aikens.n And
lis decision fully sustains the A. d. Wilson \
latent, as against the j. G.. Wilson, or the 4
'loat claim, or any other yet set up. This
lecislon can be carried by appeal to the full
'ench OF the Supreme Court at Washington,
4 which Judge Nelson is member and
ndge Dunlop Is not and then may be over
hrown OF sustained, as its merits may be
made to appear. If itissustained Mr.. Sloats
oud trumpeted decision of Judge Dunlop Is
Vorth no more to him than 50 much black
,aper, nor is II worth more in the intervening
ime nom the decision Of Judge Nelson.
Fact No. 6.--Since the order of Judge
)unlop, the Patent Office has declared an
Interference between the Aikens & Felt
ousen patcnt and A. u. Wilson'S. James
wilson now has an opportunity TO Prove
eiore the Patent Office the priority Of
likens n Felthousen's invention to A. b.
Wilson'S II hecan, and that Judge Nelson is
vrong. ,,s A ~ IS s,.'VT ! go
Coaelasioa --It is very easy for unscrupu.
Gus persons to make very high Sounding
ut Incorrect statement out Of very scan " 4
naterials. N. e.g ff Ee1
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