Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-12-20

The T.NPICo DREs.ISG M,cnIxr P.1rxr
-C,osr J,
N''o III 'oA nut wv
years litigation over the various tamplco
dressing machine patents was ended
S,tu-dav hv a c,mnromi.o rc-y o-od;,ahIo
In us terms anu advantageous ID Gil parties
concerned. A brief statement of the facts
| of the case NAV he fnund of Interest The
| u,,-, yyL;,; - go =.
| "''' '''s Oeen
prohtaoly and extensively engaged IN dress
| ing tampico, mixing, sorting and cOloring
!, Gar b-r.h u,,o-;aI br raob;,rr Tho
o..
mist patents maue o' "lIieu anu so!u 10
Whiting for $4,000, were crude and clumsy
| machines. Mi. Whiting he'd an idea that they
c,rId n, ;mr-,vod o,d ,b,, com, roobani-
"N
Cal device could De invented to take the
place Of hand labor in buttinc up the
fhro,,. s,oot :, .sod
A'i ou, ''o0A a. 1" pa'seu unuei 'le ""eei'
and the combs. Several mechanics were
called in to try their hands az such an
inv.rt;o, Soma sra,os,od ana ,b;nn somo
ahother, Out noth!ng was made TO work
successfully until j. D. Baker, q very
sklllful mechanic who possesses inventive
gent US of high order, put what is now
known as the 'butter" into practical and
successful operation on one of Mr.. Writings
machines in the Burlington Brush Factory.
Mr.. Whiting always claimed that this was
done under his direction, expressly given
to Mr.. Baker at the time, while Mr.
Baker has Cliimed that he was
simply told that such a result was wanted
and that he devised the new method Of ad-
ju-tmeut, which constituted in its mechanl-
cal combination. novelty and usefulness, a
new and patentable invention. Mr.. Whiting
applied for patent and had Mr.. Baker
make his model Mr.. Baker had. however,
applied for patent before he was asked to
make tho model by Mr.. Whiting. and
athrms that he took no idea from Mr.
Whiting model, as his was different COM
binatIOn. and that as 4 part OF his business
was making models, he took Writings to
make as a matter of course Bakers
improvements consist OF two patents,
No. III $50 and No. 100, 500. The
first was granted before the issue of
the Within, improvement, and the other
il a new combination of several elements
which are thought to constitute new ma
chine entirely.
The interference case in the Patent Office
was in favor OF Whiting 50 far as it went ;
but the suit in the United States Circuit
Court, intended to test the question of in
vention, may be said to be IL drawn battle,
a., from the opinion expressed by the court
in dismissng the suit Of Kingsland vs..
Whiting, it would sem that the cOu.-
binatiOn in the Baker patent and the " ait
ing patent were different in principle, |
ard that either combination couli be used |
without any infringement upon the other. |
The counsel for Mr.. Whiting applied for |
an Injunction to prevent tho use or sale of |
the Baker patents and pending this hear
ing, the compromise has been made. which
gives to Mr.. Whiting the control of all these
valuable patents, both in the United States |
and in Europe, and provides for an cquita-
be share in all sales Of patents or machines
made under them, in this country or in |
Europe. to Mr. Baker and his associate,
Nj Kingsland, who has, under agreement