New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-04

4 POoR INVENTOR WHO MIGHT HAVE BECOME
WORTH MILLIONS.

| 4 POOR INVENTOR WHO MIGHT HAVE BECOME
WORTH MILLIONS.
| dispatch published last week from springfield,
| Ohio. said that q. :. Kelly, OF that city, had soA
what are known as the Green patent, electric rail-
ways to the General Electric Company Of New-York
CITY for large sum OF money. The patents in qae-
icn are those granted TO GeOrg" +. Green. Of KLs
| mazoc Micl and assigned 10 Mr.. Kelly, who Is
| n Illlonairc manufacturer OF Springfield, ONO. Tho
story OF these patents (, an interesting one as tod
| by A. i. smith, CT No. 26l Broadway, one Of to
patent lawyers who had great deal 70 10 with tho
prosecution OF the application, In the Patent cfhca
| In speaking about the subject Mr.. smith said:
| The story OF the Green patents i one Of the old
romantic stories OF an unfortunate inventor who SUI
| fcred first. from being too far aheId Of the age and
secondly. from being always under the pressure Of
| extreme poverty. The patents ~ issued Oh Decem
Der 10 1901, were the result OF twelve years Of
| trugging In the Tinted states Patent Office. The
claims a, allowed covered not only the trolley system
( e>t trio ropiS but every system known or possible
xcept IN. ,torag. battery or other system IN
which the generating power is on the car Inc dis-
rincton lctwccn Green's work and that done before
him consisted I'm the idea Of generating the power IN
= central station and having conductors along the me
NJ the railroad with sliding contact between the ,af
and the conductors that took up the current "'e
WAS controlled from til, stationary source q" po"e'
| ~rcfor. that some cxpermenters had tried IN
| small way +, run bo1ts and by means OF ess
| tories cayriI hy tie vehicle 10 be- propeiieu' "sA
Ivy that II was impossible 70 carry around tle NV
| t.ry or other cumbersome generator nut 'i'at ~
| outIon OF the problem was TO arrange tla' III
| .,,io,r, .,.t,on and take hi, current from con-
suc,ors running along the track The claims u W.
.t.uts covered TIL, broadly and included OVefhe"a
| conductors ana conduit railways and every known
| system except the storage battery ,
| .Grecn made his first model way back In 1904
| and had a car running. which would carry NAN
ION over two or three hundred feet OF Track III io'.
| The story OF his application for patent Is one I"
| the strongest Illustrations Of the necessity OF GU
| ploylng n skilled patent attorney. Green was poor
and when he cam. TO the Patent Office In LEI? ~
| drew nj, own application. His invention a. aoo'
explained covered all praciicabl" electrical r'iV'
| and II he could have gotten a broad patent SUI" "
he was entitled to- at that date he would nave "eN
hundreds Of thousands Of dollars from u supseque"'
| Emf In doing his own work Green drew his CAIN"
| IA cover merely form OF insulation. lie lad mau'
| an invention which covered the entire field OF e'e~
| trlcal railroads, and he claimed new form OIL ~
,ulntor He had endless tioubl with the eAan"s.'
| Of course and his papers were Informal ana hha'!
he called In the assistance Of Washington Pa'e"'
| attorney. The attorney finally got the apphcs"o.
| In some kind II SHAPE. but by this time fleia aS
| Edison and semens had come into the once VIZ"
| applications ana were ngnrlng one ai"iiet '''
| ohty Green WAS told that his application must o'
hung MP until this Interference wa> decided WIEN ~
would lave chance TO contest his Claims Win INV
| successful party In the interference.
THE application remained suspended Tor ioui
years. and then the struggle began anew. 10y mo
lime Oliver :. Kelly. Mayor Of the city OF >pn"-.
| Held ohio. and a former member OF TIE 'eV'p''''N
reaper manufacturing firm OF whitley. tHs''er ~
Kelly, had purchased an interest In the appl'a"O.
trl, III. Int ~
new commissioner had Just taken chars" Of the o''
and I'm his innocence OF the principles OF patent "'
he made some curious rulings, which tire" the cav
| INTO almost incNiricablc confusion. Green WIS ~
lowed to contest the matter on AN eNceedney s' an
row issue finally, and several yeais were de'o"N "
| laking testimony u.rs
| My connection with the case began in the 'pnnS
Of lass. After numerous appeals and tlc usr'~ had
finally decided against Green's appltatlol az %
Kelly put the matter in the hands OF henjamln bi' "a
worth, cN-tOmmsSioncr Of Patents with whom w." ss
associated. We argued rehcarng after rloartnI oas
HE litigation had gone too far TO avr us 1,rrnri
study of the ease. while had teen dsisa'rs
the narrow issue he STILL in the anguT,ss uc
| the Office. entitled 10 priority on the broai 80 ~,
That H. 10 say. while he had been deltaiei IN oln
The right TO patent the combination OF app.i"t me
power. he WAS s entitled 10 that combination rrr 4,
including any source Of power and not r'sinrT NAV
be said 1t was as II a, ana had been cong balm
by the techncaes OF litigation 10 restrict ns con.
tp-
testing II l.lsehcld OF single acre: ana NV ,hs
clson, although In favor Of b. Sill left As rhl" ..stf
whole quarter section In which that acre WIS .,sdef
| unsettled. We rcdrew the claims upon the o. 49,,
lass therefore. and took up The work Of ee.'msi c,I
allowance by the Patent Office. They wrie ~, vO
on reference certain old English rat,ht,, yncor
| maintained that these English patents "elr raier
| petc and imperative. and therefore not e~I n
| rnces The. question appealed To the n s,sncr
| Examiners In Chief and then 10 the Soni,,,r WAS
who both decided against Green. The lna"n is,rct
| then taken into the supreme Court Tor ,hc rars ~
cf Columbia. and the Patent Office decisions ,.ue the
yerscd and the commissioner was ordered 10 ss"
| patents to Green's assignees ,.. ~ nov.
| This explains how, through the drawDaex,, "dsis1
rrty on the part 0f The Inventor and the ihM o,cnd
resulting IN twelve years Of litigation, the IA ma
inventor Of the practicable electric raiiway Wv sfef
get the patent his invention until elch! !eITn e sct
| electric railroads were established mcl. ,,t 4
that the General Electric Company has a Ne, al
license under the patents reduces the m,icson
their ever being Itigated but should 'tch ax"r q
| arise the presumption II most strongly III an subv
the validity OF the patents. they havhs ,ns,i,n In
| Icctcd to such severe and repeated cNiuiii, IN the
The course OF their twelve years OF vics.itu,ral A
patent Ofice and having the stamp 81 alpl' ,.fcre
The supreme Court Of the District Of toiun,'n" inei
| their issuance. This court ranks Win NV ,,nry
states circuit courts OF other parts OF III W. IN the
| and through the INV OF comfy It's defi,un, ~ "r,eS
mnttcr will be followed by the Circuit .ous's tho
| new evidence, other than that sllbmltnM he 10.
| supreme Court OF the District OF Coiumo'' :"
| troduced."