The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-08-14

THE MoFFETT REGISTERS-THE PENDING
PROCEEDINGS IN THE UNITED STATES COURT.
Judge Hughes has fixed upon September
4th, Mt Alexandria. for the hearing OF the
case OF the LiquOr-Dealcrs' Association Us.
The State OF Virginia and the Mo1'ett regis
ters, and an injunction restraints all parties
from making, operating, or distributing said
registers III the mean time. General Field and
Senator Grimslcy, OF Culpeper, counsel for
Mr.. Johnson, the contractor for the make
OF the machines and for the State, have
gone to Norfolk to move Judge Hughes to
dissolve the Injunction at once, or until
such order is made to increase the bond OF
com plainant. which is now but 100000.
The invention said to be infringed was
patented by one Vincent Fountaine while
| the Legislature was discussing the Motfett
bill, and the right for Virginia was pur-
chased by ID. G. Iucngling, proprietor OF
the James River Brewery, with the view Of
testing the bill. Fountaine claims
"In an apparatus forregistering and indi-
eating fares, and adapted to be carried in
the hand, shaft moved bythe direct appli-
cation OF the hand, provided with worm
| mcshing into suitable wheel, and thereby
communicating motion to the mechanism
which carries the indexes, and also pro-
vided with an arm, which operates the bell
hammer.
SO. In the described apparatus the ro-
tating Shait-worm thereon operating to I'M
part motion through proper gearing to the
| indexes, and the hammer-ifters in combi-
nation with the pawl and ratchet on the
said shaft, as set forth"
The Patent-Office Examiner refused Moi
fett and Deane patent. The applicants
then appealed TO the Board OF Examiners,
and they rendered the following decision /:
"Thc device in controversy is a register
ing and alarm apparatus OF simple con-
struction, consisting Of crank-shaft ope-
rating an ordinary train OF index gears such
as are used in gas-meters, and having Il lug
acting on spring hammer once for every
revolution. There is no substantial novelty
in this style OF register. The Fountain
register cited in reference, shows q full
anticipation OF it, the difference OF arrange
ment and size pointed out being colorado,
not substantial, variations. The deci-
sion of the Examiner. in rejecting the case
lack of patentabls aouelty is affirmed.
"H. III. BATES,
"R. L. i. CLARKE,
Examiners in Chief.'
Three Washington experts depose, in pa
pers which were before Judge Hughes when
LQp III uuCllOH WIS SIdHIeuJ lllat tuC lhehSte
register is an infringement upon Foun-
tain's.
Notwithstanding these serious drawbacks,
the State officers and DR.. Motfett are sure
that they will get the Injunction dissolved
il they can but have an early hearing before
Judge Hughes.
The Auditor is not authorized to use any
other style Of register. There are plenty
that he could buy il he were so authorized.
But the law requires Mofett's and none
other to be used The Hartford Alarm Re
gister Company have instruments that would
do admirably and could be purchased, but
without legislative authority the Auditor
cannot move foot in that direction.
The osly hope Of the Auditor now is in
Judge Hughes dissolving the Injunction.