The Indianapolis journal., 1893-06-25
TELEPHONE PATENTS.

Ex-Comm,ssioner simonds Tells Why He
Issued Papers on the Beriinsr Application.
WASHINGTON. June 24.-During the Pat
ent Office disbsrment proceedings. this
morning. Messrs. Church stated they
made of the 1884 Drswbaugh application.
They could not. however. do so without in
troduoing them in evidence. w hioh would.
of course. disclose their contents. And as
the Commissioner had stated that the secret
of their contents should be kept inviolate.
they requested that touching this particu-
lar matter. the Commissioners proceed with
the investigation on his own responsible
Ity. which was agreed to. Messrs. Church
also stated that so far as they were per-
sonally concerned the inquiry had failed TO
connect Mr. Foster. one of the respondents
with any wrong-doing in connection with
tho procurement of copies of Draw baugh
files to whlch he was not entitled.
The feature of to-day's proceedings was
the testimony of Nix. Simonds. who said
these events. about which all the testI-
mony had been given. were the sequence of
eomethine beginni considerably earlier.
Some two months alter he became Com.
missioner of Patents there came before
n
tribunals OF the Office the question whether
the application of Daniel Draw baugh
for i'm IMPROVEMENTS IN telephones tiled April
D, 1854, was barred by reason OF Dubllo use
and sale OF the Edison microphones for
for more than two years prior to the ming
OF the Dfawbaugh application OF April 3.
lisa On the 2sth day of October. 1891. he
decided that the statutory bar existed, and
that decision was published in the Gazette
OF Nov. 3. 1891.
The next day after rendering the de-
DisiOn. To his surprise. continued Mr..
Simonds. the examiner charge of the
proper electrical division reported TO him,
IN writing. npon the status and condition
Dc the application OF Emil BeriIner for
patent0D telephones. which had been pen q.
ing in the Patent Office since 1876. lt ap-
pesrod therefrom that. IN the reguIa course
OF events In the ONCE. the Berllner aDDllCa.
tlon W rs then ready for issue and had been
ready for issue for some years, ex-
cept for threatened or possible inter.
ference with this Draw baugh application
over the question OF priority OF invention,
In case the Drawbaugh application had
been victorious upon the question of two
years public use; but as the Draw baugh
application had been killed. so far rs tho
Patent Office was concerned, by his decision
about the existence OF the statutory bar of
two years public use. 1t was no longer
Dossible interference contestant.
Upon that report he treated the
Berliner application like any other and
ordered it to issue and it did issue Nov.
~. loFl.. TO the American Bell Telephone
Company. the assignee of Emil BerlIn~r.
About year elapsed. when one day the
Attorney-aeDeralo of the United States Mr..
Miller called upon him and said he mad
under consideration the project OF bring
ing q SUIT In the name of the government
TO repeal and annul the Berliner
patent OF Nov. II. 1871, and gave an
opportunity for the expression of any
opinion which he Mr.. SimondsI might
choose 20 make. He told the Attorney
general that he had no opinion abouy it TO
xpress; that when he issued the Berliner
patent he performed and finished his duty
In the premises. and that if the Attorney
generals view of his duty led him &c under
take TO repeal the patent that was no con.
Germ of mis- Simondss. That was prob
ably the latter part OF November 1sg2.
Continuing. Hr. Simonds said that he had
upon the subject of the government suit,
and on one occasion he wrote the Secretary
q long letter In which he took ground
strongly against the advisabIIity of bring
ing suit. These views were concnrred In
by secretary Noble. but they were not ex-
pressed in writing. About this time
the department began ordering copies
Of the Beriiner and Bell papers.
and as the suit was an attack
upon his lSimonds'sl action in issuing the
Berliner patent ho determined 20 have
copies of every thing the government or the
Bell company should issne. and after no
had obtained she consent of Secretary
Noble he gave orders to that effect He
had never paid for the copies. and never