The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1883-05-18
HE DENCHFIELD PATENT.
The Supreme Court Decides Adversely to a
New York Mans Claim for a Patent Flow
ering APPARATUS

The Supreme Court Decides Adversely to a
New York Mans Claim for Patent Flow
ering Apparatus.
The United States supreme court has lust
decided the celebrated case regarding the
Denchfeld patents, which has been pushed
by the millers for years. The decision sus-
tains the millers and declares the patents
invalid. The decision rehearses the history of
the litigation and the various steps taken by
both parties, the main points Of which are a.
follows:
The Goth Of April, 1858, there was issued
to John Dnchfield of Oswego, N. Y, letters
patent Of the United States for an improve
ment in cooling and drying meal Most
readers perhaps are sufficiently familiar with
the process of milling to know that after the
grain is ground it falls into conveyer, whence
It is taken in elevators to the cooling
room or cooler, where it is cooled
previous to being bolted Difficulty had
and steam charged with dust Denchfield's
idea was to overcome these difficulties by draw
ing the steam and fine dust away from the
grain and stones, and blowing it into settling
chamber in the upper part of the mill, whence
tie collected -four dust was return ed to the ell
was deposited in q condition fit for boiling.
His claim in his original patent covered the
combination of the upper and lower couveyers,
the elevator, fan, and air spout with the mill
stone. But little use was made Of the inveu-
ton contained in the original patent Dench-
Oswego at about $25 o mill He a.terward
sold the right of the State of Michigan.
The patent was reissued in Denchield's
name the 10th Of January, 1872, thirteen
years and eight mouths after the date Of the
original patent In the reissued patent the
hVyvp fbo cd
dust WAS returned to the cooler, was entirely
ignored and the patent 80 drawn as to cover
broadly the application Of tho suction fan for
removing the steam and light -four dust from
the millstones and conveyer. Previous to the
date of the reissue many millers in various
parts Of the country applied q suction-fan for
withdrawing the steam from their millstones;
but, as they did not use tho proper settling
chamber and conveyer, they did not infringe
the original Denchfield patent By the chanss
introduced in tho patent on the reissue, all
these millers became infringers. Naturally,
under these circumstances, when demands were
ma de for royalty by the parties VINO purchased
the patent from Donc.. field tho millers
" kicked'' and united to contest the validity Of
the patent.
by James W. Herring und others of Syracuse,
N Y, tue then owners of tho patent, against
Page, Darlington g. Co., of Fulton, N. Y, for
infringement of the patent This is the suit
which has recently been decided by the su-
premo court of the United States on appeal
from decision in the United Sta'es circuit
court for the Northern district Of New York.
Tho case was argued before United States
Judge johnson, IN Utica, in March. 1876. by
James D. Alien of Buffalo and Judge Com
stock OF Syracuse for the plaintiffs, and by tho
Hon. Henry r Selden Of Rochester for the
defendants. The case was not decided until
Sept 10, 1877, when Judge johnson filed en-
opinion sustaining the validity Of the ressuel
patent, ovorruling the defendants claim
OF prior use, and holding that tho defendants
had infrnged The case was referred to tho
Hon. Ward Hunt of Utica. to report to the
court the damages, which the plaintiff had sus-
tained by the infringement Testimony was
taken at great length before Mr.. HUT, who, gu
the 4th Of March, 1878, reeorted that the de-
PENDANTS had saved by the use OF their infring-
ing device -four to the amount Of one barrel on
every 900 barrels made. he sssessnd tho
damages at 81 800, and decree for that
amount, with costs, was subsequently entered
against the defendants From this decree the
defendants appealed, and after a delay Of
more than three years the appeal was finally
heard by the supreme court There are TWEEN
ty suits pending in this district against various
millers under this patent in which tho Hon.
George Il seldom IL attorney for tho defend
ants, and there are very large number now
pending in all sections Of the West and North
west