Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-26

tice Of the patent Office and that they caused
application to be made therefor in the mode
required by the rules. believe that in accord
ance Herewith they were furnished by the
patent Office while Mr.. ". E. Simonds was COM
missioner, with a duly certified copy Of the file
wrapper and contents Of Drawbaugh's applica-
ton. serial No. IA, 040. filed July 22-26. 1880,
being one of the applications referred to IN the
petition, and believe and aver that they were
in law entitled to the same.
L believe also that upon formal written re-
quest said Bell Company was furnished by the
patent office while Mr.. W. E. Simonds was
commissioner, with certified copies Of certain
portions Of the so-called public use proceedings
referred to in the petition as "ex-parte pro-
ceeding5;" and that such copies were asked for
and furnished in accordance with law and the
practice Of the Office. Said copies, which have
today seen for the first time, contain no .'affi-
davits" except certain affidavits taken and filed
by the Bell Company itself. They contain no
copy Of the Testimony" The testimony in
that case was entirely the testimony Of wit
nesses and records furnished by the Bell Com
pany to prove the public use and
sale of their own instruments more
than two years before Drawbaugh's
first application. That testimony was
printed by the patent office in 1880, at the
special written request of Messrs. Church
Church, and not long after and before the
present year saw one Of those printed copies
publicly exposed for sale at a book store in
'asAAhs toH, anu bought IL anu sent III 10 the
Ben Company. These copies contain certain
decisions, the principal one of which, con-
tanning history OF the case. was printed and
published in the Official Gazette OF November
., 1881; the other decisions were subordinate
decisions reviewed and affirmed by that one.
Ihls copy includes a page OF points" but
does not contain any copy Of the briefs for ap-
plicant.
believe that neither the American Tele-
phone Company nor any one connected with 1t,
nor in its interest or behalf. ever made or re-
celved or saw any copy Of the file wrapper and
contents of Drawbaugh's application. serial No.
l26527. filed April 8, 1884. or Of any part there
of, or ever inpected the original papers OF
that file. or any part thereof.
Further answering as to my own acts, say:
Neither nor my firm, nor any member or en-
ploye thereof, ever ordered copies Of, and l
did not and to the best of my belief, no men,
Der of my firm ever received or ever had in my,
our. or his control. any copy Of any Drawbaugh
paper whatever, inquired of in the petition, or
ever saw any of them, or any originals of any
of them. until today, when / have looked at
some duly certified copies in order to prepare
this answer.
AS TO DUPLICATES.
My relation to the matter referred to in the
petition is as follows: On February last the
Bell Company had, through other counsel and
solicitors and not through me OF my firm, or
dered copies OF sundry papers which it needed
to have very speedily for use in some litigation.
L spoke to the chief clerk of the patent office,
Mr.. Bennett. with regard to furnishing them
promptly. and he said that he had only three
copyists available. At tina. time Misses Long
fellow and Bitter and Miss Middleton, we'll
known copyists. had long been permitted by
the patent Office to keep their machines in the
patent Office in the copying rooms for such
extra work. for which they had often been en-
ployed. and he said that the supervising clerk
in charge might employ some of these three to
make the copies if l would pay their charges, in
addition to having the patent office paid its
Iuli statute fees for the copies; to this
/ and the Bell Company's other coun-
sci agreed. Afterward those copyists
presented their bills and / paid them pre-
sented without any personal knowledge of what
they had copied. and indeed without examining
their bills. That Is all l had to do with the
matter. did not select them. | did not de-
termine what each should copy. 1 never saw
or had In my possession or in my Office any
copies they made except so far as l may
have seen some of their work today among the
lawfully and duly certified copies already re-
ferred to. They did their work in the room of
the patent Office assigned them for the purpose
by the supervising official and entirely under
his control 1t WAS the duty of each of them to
deliver all the copies they made to that super
vislng officer Of the patent Office when they had
made them and verify believe that they did so.
have recently been informed that the Of
ficer in charge, acting under proper authority.
directed these copyist to make carbon
duplicates Of whatever they copied and that
they did so. / did not know this at the time.
believe and aver that they never made any
''triplicates. and that the carbon duplicate,
together with the principal copy, was in all
cases delivered to such officer in charge. l
state positively that | never had any triplicate
nor had reason to believe that any exists or
existed. and that have never seen any of the
duplicates nor any principal copy. nor any
copy, except SO far L may have seen some to-
day. as already stated
am informed and believe that when in Feb
ruary last the counsel for the Bell Company or
dered copies of a number of papers as afore-
said Mr.. Commissioner Simonds, at the request
of the counsel and in order to avoid delay, di-
rected the officer in charge to make at once all
the copies asked for and not to deliver any of
them until he, the commissioner should in per-
son determine whether they proper to be
issued; that thereupon copy and its carbon
duplicate of said application. file No 126, 527 of
April 3, 1884, was made: that neither that prin-
cipal copy its duplicate ever left the patent
Office, but remained always in the control of the
officer in charge until shortly before this petit
ton was filed. when the said copy and dupli-
cate were placed in the personal custody of the
present assistant commissioner of patents.
where both the same now are: and that no part
Of the same has ever been seen except by those
to whom the present assistant commissioner has
shown it for the purposes of this case.
AuOther Rip- C.uD VacEeted