The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-10

Southern District Of New York was bill died 10
patent Tor the manufacture OF combined pencils and
erascrs. The nrst patent granted 10 Spnou In
1898, and was extended Tor further term OF seven
years IN 1877 Tue claim OF this patent was:-.'The
combination OF the lead and Inaia rubber other
erasing substance, in the holder ola drawing pencil,
the whole being arranged aud ucted in the
ncr set forth in the drawings which exhibited con
tinuons sheath OF uniform size, with Interior
grooves oil different sizcs The groove
being larger than the lead groove. The
second patent Is for Improvement On the fore
gong, and was granted to keckendorier in 1862 aud
reissued III 1877 The claim OF this patent "a
pencil composed oil wooden sheath ANA lead case,
having one end Of The sheath enlarged
constitute a receptacle Tor an eruser other similar
aricle, and whose ease gradually tapers n I'm
Target and recessed head toward It's opposite end for
the whole portion OF It's length The Court hold
that tho article patent rs not patentabe invention
within the lawtof the United States that patent
sLle the combs claimed must produce n diff
creut force. elect result, the combined
forces VI processes, from that given by their
separate parts There must be new result produced
by thcr UNION. II hot So II Is only aggregation Ci
separate elements. An instance and illustration
found in the discovery that by The use OF sulphur
izcd, the combination OF the two producing result
an article entirely different from that before
Another illustration may be found IN the frame u
sawml which advances the log regularly along TO meet
The AM operates the which the log. tho
TWO being cooperative ana simultaneous IN Their loint
action oi saving through the whole log in the sewing
machine, where one part advances the clotn and
another part forms the stitches The action being SIM
ultaneous ~ carrying on continuous sewing. stem
winding watch key Is another instance The office OF
the stein is TO hold the watch hang the chain to the
watch The Office the key II. When the
is made he key the JOINT duty OF holding tho chain
winding the watch Is performed By the insru-
menL double effect is produced or double duty per-
formed by the combined result In these and Dumer-
Gus like cases the parts cooperate producing the
una effect Sometimes simultaneously, SOMETIMES
successfully, The result comes from the combined
effect Of the several parts not SIMPLY from the combined
effect ofthe several parts. not simply from the scpa
rate action Of each and s therefore, paentable In
the under consideration . parts claimed To make
u combination distinct and disconnected. There is
not only now result but here IL JOINT operation.
When the lead IS used performs the same operation
aud IN The manner as u would do ii there
rubber At tho other end OF the pencil When the rub
bcr used II is the manner and performs the
same duty as II the lead We're not in the pencil
penoi is laid down and rubber Is taken up the 10
write the other 10 erase pencil Is turned over to
erase WITH or an eraser Is turned over TO write with
The principle Is The same in both instances. 1t may
be convenient to have the two instruments IN
one rod than there may be u security against
the absence Of the tools Of an artist mechanic from
TACT that the greater the number the greater the
danger oil loss IL may be more convenient TO turn
over the different ends OF the same stick
than to lay down ono stick and take up another.
This, however, is rot nvcnton within The Patent law.
ITO show which the authorities set forth ella
boracly-Reporter) There IS no relation between tho
Instruments in the per ormancc Of their several func
tons, and reciprocal action parts used IN
mon. IL IS also hold, on u preliminary question con
sidercd, that the decision Of the Commiss oncr Of
Patents on the question OF invention. its utility ana
Importance Is not conclusive, hut Is open 10 exam
nation in the courts that his decision and allowance
OF patent creates prma iace right only, subject to
review by the courts on ali questions involved. Ar
hrmed. Mr. Ju tice Hunt delivered the opinion. Mr..
Justice strong dsscned from the view that the article
described exhibits no sufficient Invention to warrant
the grant OF patent
STATE TAXATION GOVERNMENT Boxps-A COURT OF |
EouiTy WILL NOT INTERFERE TO AID AN EVASION or
NO 20 David H. MITCHELL plaintiff in error, vs..
The Board of County Commi soner Ut LeavcnwurtE, i
Kansas; Alexander Repnc, Treasurer, and Thomas
Leonard, Shern'-In error TO the supreme Court Of
Kansas.-The presents the following facts -
Mitchell, the plaintiff, kept his bank account with
banking firm IN Icavenworth On the 18th Of Fcbru
ary 1870 lie had balance TO his credit OF 49, $50 and
gave his check for this balance payable to himself
United States notes, These notes paid 10
HIM Ho Immediately enclosed them in u sealed
package and placed them for salo keeping in tho
vault oi the bank. On the Sd OF March hc withdrew
his package aud rcdeposited the r0tes 10 his credit
This done for tne sole purpose OF escaping taxa
ton upon his money on deposit Personal property in
Kansas, which includes money deposit listed for
taxation as March in each year Mitchell did not
list any money DEPOSIT The taxing officers III due
time, discovery oi the facts, added $4,000 TO his
assessment account Of his money in bank. He
asked the proper authorities to strike oil this added
assessment. This was refused. tax was thcreupon
form levied and its collection threatened. He then
filed his bill equity against the decndants who are the
alleging Tor cause, in substance. that his bank bal
had been converted into United states notes and
held In that form Oh the day his property TO
be listed he could not be taxed on that account The
Supreme Court OF Kansas, appeal dismissed the bill,
for tine appears by the opinion which IN this
here part OF the record thai Va Court Of
Justice, sitting Court OF Equity, viii not lend s
aid Tor the accomplishment OF any sucn purpose We
States notes exempt from taxation by or under
State municipal authority, but Court OF Equity viii
not knowingly use It's extraordinary powers 10 promote
such scheme this plann has devised 10 escape
his proportonato share Of the burdens OF taxation HIS
remedy, II he has any, is in court OF law. Affirmed.
The Chief Justice delivered The opinion.