New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-10
THE STEEL PATENTS.
THE CHARGES Against OFFICERS OF THE PA
TENT oFFICE-wHY THE KELLEY PATENT
WAS EXTENDED, AND WHY THE BEsShhEk
AND MUSHET PATENTS WERE NOT
,opou nup OWN CORRESPONDENCE

iRRoM OUR OWN CORRESPONDENCE
WASHINGTON. July ga patent lawyer named
,,,or ,yhoso reputaton in the Patent Office might DO
be,ter than il H. and who was employed by certain IRON
manufacturers OF Pennsylvania to oppose the extension
% the Kelley patent for purifying iron when the ques
,ion WA before the Commissioner last month"; mas muo
nlant TO the Secretary OF the Interior against one OF
,h examiners in the Patent Office, in which he charges
ro be examiner partial in his decisions acts az the
maid attorney of the OF patents TOT tne hanac
ture OF steel and irOn and received hiohoS 4O' nan
ING recommendations favorable 10 tnon' III"
complaint was referred TO Commissioners Lesse'' VINO
informed Mr. FELTON, that whenever he or any one else
,a 80, s,ooisc charges against the examiner, or
49,, o,hor o,lcsr or employee OF the Patent Office, The
-. ar,bi,s Investigation should take place. II Eel
ton knew OF any improper conduct on the part OF TINS
a,aminer he was invited to he Information OF IL Win
The Commissioner specifying the case ana rom Whom
| ,ho money was received The Commissioners held.
however that IL unfair to subject man 10 an nVes-
gaton without informing him what the charges against
him were and giving him opportunity to defend him
| self FELTON, replied that he hoped the Commissioner
would give him a hearing, but offered no specific
charges.
Failing at the Patent Office. FELTON, has gone to the
newspapers and there appeared in The York World
of Thursday q communication in which the most sweep
ING charges are made against Commissioner Legget and
the examiner purportng he signed by about
90 OF the leading railroad officers OF the country is APP
pended TO the communication, protesting against the
extension. As all these charges based on missate
ment Of the facts they calculated TO misead the
public.
The writer OF the communication charges that although
the Bessamer patent for the manufacture OF steel ex
pred in England last year. the cost of manufacturing
steel being thus greatly reduced, the Bessamer steel
SPECTATORS of this country have managed by ntrgues
~ capture the Patent Office, and, through the in
strumentaity Of subordinate officer, Endorsed by his
superior obtained a sevenIyears' extension OF worth
less p that the efforts to the extension OF
the and Mushet patents proper having failed
exCOmmissOner Fisher having refused the applications
on the ground that their longer continuance would DO
nimca to the public interests it became necessary to
disguise the renewed application under another name,
which done in the form of patent to William
Kelley and that the examiner pronounced the method
lew invention although he had previously reported in
favor of an extension of the Bessamer patents VIRTUALLY
the same thing and belonging to the same
ring); that the remonstrants knowing that they
could not expect fair treatment from the
partisan examiner they applied to the Commissioner,
and prior to the day of hearing their counsel had an
interview with that gentleman who then stated that in
consequence Of his intended departure for Ohio he would
be unable to give his attention TO this business person
ally but finally consented to take the papers with him to
Ohio, there investigate the and decide at future
day; that the very day the examiners report
was confirmed and the patent extended.
When this story has been sifted Of ITS misstaements
nothing will be left And first, to the assertion that
the Kelley process invention and identical with
the Bessamer and Mushet processes. Henry Bessamer
patented in England Feb r. 1856 certain improvements
for making STEEL and the 18th OF November OF the
same year. obtained United States patent for the same
process The Bessamer process consists in blowing air
through iron while in molten state, at the same time
preserving its hudity by the use Of fuel Bessamer
time described large and expensive appa-
rat ON he q November d
liam Kelley of Kentucky applied for patent for an i'm
proved method Of purifying iron by blowing up through
! il from the bottom while in a fluid state, jets OF
| air the oxygen of which, uniting with the
| carbon OF the iron, burned the latter up, the
combustion at the same time Keeping the iron
melted Mr. Kelley. did not. however arrive in Wash
ngon until Nov 49, two days after the Besamer patent
had been granted He therefore, put in an inter
ference and after thorough examination, 1t was de-
cded that Keeys process invented prior 10 that OF
Bessamer and that as the essential part of 1t
namely the keeping of the iron melted without the use
Of fuel thus saving great deal Of the expense he was
entitled to patent and 1t issued June 49, 1871 This
is the patent which has been extended.
Robert Mushet's patent for Improvement OF the
Bessamer process consisted in adding triple COM
pound Of on carbon and manganese to the melted iron
after il had been treated by the Bessamer process This
compound is known spegeleisen and was used to re-
move oxidzed substances from the steel and thus COM
pete the process of publication. II will thus be seen
that the assertion that the Kelley process was neo one
last month"; and that identical with those of Bes
samer and Mushet, is untrue
On the 18th OF February, 1870 Acting Commissioner
Hodges refused to extend the patent the
ground that, having expired in England, to extend It
here would subject the rOn-masers Of this country 10
such serious disadvantages that they would be unable to
compete with their transatlantic rivals. In his own
words: They must inevitably succumb at last df the
patent extende to those who have long been their
Tho vlop nf,p nd
before whose superior facilities they have often been
compelled withdraw from the field" Besides it
not pretended that Mr.. Bessamer had not been ade
quately remunerated.
When Mushet applied for extension il found
that his patent had expired in England several years
before by his neglect and was therefore refused,
in accordance with the law which provides that the
paeut shall expire at the time with the foreign
paeDt or If there be than one, at the same time
with one having the shortest term"
The Commissioner OF Patents did tell the attorney
for the remonstran Felton, that he would be unable 10
give his attention personally to the matter Of extension
asserted but the eth OF June did personally listen
to arguments for five six hours and then said that be
would take the papers with him Ohio TO write his de-
cision This the presence of the correspond
ent Of THE TRIBUNE, and report Of the hearing ap
peared in this journal on-he next day
The communication referred to conveys the idea that
the 60 railroad officers remontrans and that they
not fairly treated by the COMMISSIONER Inc lo
lowing are extracts from the rules Of the Office in regard
10 opposition TO extensions Of patents
I'll Any person who intends oppose application
for extension may, at any time after such application has
been made, give notice of such intention to the app
can't" sc.
Is. Any person opposing extension must ilc his
of opposition in the Patent Office at least ceay
d0ys before the day OF hearing
Now Of these railroad men notified to the appi-
c. Mt OF appeared the Patent ONCE agai0 this extern
sion. either i'm person by counsel. The only oppO
uents were W Kirk by FELTON, and c. skunk by him.
self In hi, argument FELTON, attempted 10 introduce
printed paper purportng have been signed by these
a hn flLnir In