New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-01-24

/ 49,.
features Of our patent acts and on which ldfnfy0fS
/ only can exist The patent, when issued ii q cgYs
| tract naas between tho public and the patentee
In consideration Of having invented some subject
both new ana useful, the statute e$aG5s the ffTeEtor
shall deposit in the archives Of the Government Il
'ai and exact description Of The invention III such
/ Gear light as viii insure competent workman i'll
tlss art to which Big belongs to reproduce and nag
| the article from Che information given by Inc
speSahcaton alone, and without invention or ad5f-
tons, The pstent, when Issued, il d Iegaiized copy
| OF the description Hedy in every particular. The
intention of thu is, the public shalT haYe d Ii
| joymenf of the use after the monopoly is past
consequently, if she specfcatior5 fails to show how
to make and TIE articIs, monopoly ends III thg
ground Of faiurein the patenteee to comply 5gits
| the contra 1T.
The following is a. copy OF the patent ali on file
| ia the y. s. SQUIRT in his city
To all whom it may concern be il ks6Wn tIat ri,
| Green s. Coz of Barbour cc5nty, and State OF
| Alabama, have invented new and improved sag-g
talic composition for parking steam engines, and
hereby declars that the following Is q fall, clear
and exact description TIE nature of my fayention
consists in composition Of the following metals
to- wit lead tin zinc and sntiD1oEy for tie pur-
pose of forming atsteam-tiaak packing that is less
liable to wear thar packing -sowin use 10 enable
others skilled in BE arts to make ard use MP int
vention will proceed to describe my composition
and mode Of using u, take ST lead - parts OF
tin parts, of zinc roarts an6a Of antimeny part
Eelt together and caat it in rsgs about one ileif
deep; the thickness and size to be governed BIZ te
spaee around the pissn head ara size of the cyifrr
/
from to Of an inch, % be regulated By the dame
ter ct the cylinder, scsas to alloy space for the
expansion of the ring m its circumference when
heated by steam. The proportions Of this mast BE-
varied according to circumstances. Those above
named are adopted to a pressure OF lSg pounds to
the Inch-bat under medium pressure. say I09 to-
LILO poEnds to the inch less zinc and antimonY
should be used. The ADORE variations are conteRs-
\ plated 10 my invention.
| What ] claim as my invention, and desire to-
secure by letters patent, isthe application sof the
e0mDOsltIOn abOyp EFF
steam engines.
! Witnesses JoHy GrLL sHoRrEE3 flLIas w. BsReY.
/ This patent shows the inTention Id making 4
| new composition Of metallic substances, for the
| purpose Of constructing pacing for steam en-
gines, and the claim is laid in the of such co-
the claim the fixes the fset that the specf-s
cation shall make known full Sow to arrange and
apply that substance ready for the nse. The corr
position aud the use are coupled in the novelty,
and the novelty is the inventisns and invention
must consist in the production Of something tfes
| public did not know how to do before.
Vixen he says, take the stated proportion Of tho.
different ingredients and melt them Together ands
produce the composition, and the claims are on
the use Of that composition Joined in union In the
stated proportions, to melt together cannot produce
the union in their stated proportonss b cause the
high temperament required to fuserthe antimonYs
would in part destroy the metals fusing at temper
allure go low as the others particularly thetn; and
to preserve their respective ratios, these metals
have to be fused separately, and mixed after
fusion. This is simply . false suggestion IN the
position of the patent, and would lead to error if
followed. 1t makes difference, apart ffom the
patent, because the compromising Of such metals
are, and have been for long time, well under
stood, a d those understanding it would hetfolIow
the patent.
And again. when he shows how to construct and
use the packing, he treats it as composed of d
ring "saw out OF the ring before applying to
use, from to ! Of an inch, to allow for ex-
pansion.n Here is what he tells us is-TequEed for
the use. Can that packing be put to nse by
following the specification, without additional
mechanical application, over the teachings Of the
patent? I think not. Then if it cannot be, he
has not complied with the statute He has
claimed the use, and the application for the use
is coupled with the claim, and which belongs to
the invention; and it is not admissible to allow
any omissions in showing how the use can be at
iained Should he offer proof that such omission
was unimportant because the form multiplication
for metallic rings for making packing for steam
/! gnes was well known, therefore his instructions
e could be followed, connected with public know.
ledge and secure the use. Ct am aware mefalic
rings have been used for very long time for this
purpose, and such rings were cut to allow for their
e expansion, and the rings placed SO one weuld
# cover the place cut through the other, and thu
~ make a steam-tight packing which would wear
il longer than the composition of Green s. Gox.)
a But the proof Of this would be simply showing
d that Green S. Cox used an old device tosdevefope
q an old principle, namely: the employment d
' rings made of metallic substances to pack steam
{ engines; and bring his claim down at once totthe
h language of his patent, namely: the use of thk
stated materials in their stated ratios for the fur
:, pose, and cut off all claim the employment d
any mechanical equivalents, because such position
destroys all right to cover any principle. A pateR
e can be Issued for principle, coupled with nloGe
of carrying the principle into effect, provided yeE
have both discovered the use of the principle and
invented mode of carrying the principle into
Il effect.
# The principle in this instance is the use ea me.
=, talic substances for packing steam engines, and
the mode is the formation OF such substance init
Tn n for avn auIjT sfTsf
e arranged in the application to ensure one ring
covering the cut in another, SO that as a whole thi
q packing is steam tight and otherwise efficient
Therefore the principle is public property vel
as the mode of application. Although new sub
tt ect matter, using old mode and for an old uss
n has been decided to be patenable, this, however
If only be the case when such new material pro
- duces result more beneficial than other known
T. materials for the same use have done.
Il In the case of Green S. Cox, his patent states
"for the purpose Of forming steam tight packing
10 less liable to wear than packing now in use Z rhi
% is very strong assertion, and has no other mean
g ing than it is steamtght and will wear longer tina
y any packing ever before known or used. To SUP
port this position is matter of much doubt in 10
i, mind, and it must be supported to keep in th
IL range of patentability. | look on the patent t
* Green S. Cox invalid having arrived at this
cusion after making d thorough study Of TIL
" patent, and am ready at any time to support ~
opinion in showing the law and decisions made q
re- it for every point herein stated. s
,e AS regards the trial had in Mobile it can at one
til be seen, by the charge OF the judge the Who'll
bearings made in the issue. The patent was nc
attacked in having false suggestions, or that th
specification was insufficient to ensure, BY foEleN
1t ing, to put the article into use. And the pateI
10 was allowed to cover principle which aanitte
a mechanical equivalents to be the same thing snl
70 stantally as the composition stated. And no dOai
+. the testimony which proved it both and usef
o. was new relative 10 being applied on the rive
ct and useful compared with hemp or cotton packing
which had generally been used But patent Il
w the United States must stand the fest Of being ne