The record-union., 1895-04-24
the internal revenue service to carry into
effect the income tax law.
PATENT CASES.
Decision Relating to Matter of In
terest in California;.

Decision Relating to a Matter of In
terest in California.
WASHINGTON, April 23.-In deciding
the case of the Risdon Iron and Locomo-
tive Works VS.. Philip Medore, appealed
from the Civil Court for the Northern
District of California, Justice Brown in
the Supreme Court commented at con-
siderable length upon what constitutes a
patentable article. There is," he said,
somewhat OF the same obscurity in the
line OF demarkatiOn as in that between
mechanical skill and invention or in tnaC
between new article of manufacture
which is universally held to be patent
able and the function of a machine,
which, 1t is equally clear, is not. 1t may
bo said in general that processes of man
ulaGture which involve chemical or other
similar element Of action are patentable,
though mechanism may be necessary in
the application or carrying out OF such
processes. while these which consist
solely In the operation of machine arc
not. Most processes which have been
held TO be Datentable require the aid of
mechanism in their practical application,
but whore such mechanism is subsidiary
TO the chemical action, the fact that the
patentee may be entitled 10 patent upon
his mechanism does not impair his right
10 patent for the process; since he
would lose the benefit of his real discOv-
cry, which might bo applied in a dozen
different ways, If he were not entitled 10
such patent. But if the operation Of his
device be purely mechanical, no such con-
siaeratiOns apply, since the iunctiOn of
the machine is entirely independent OF
any chemical or other similar action"
DECISION BY CIRCUIT JUDGE TAFT.
CLEVELAND, April 23.-An opinion has
been handed down by United States Cir
cult Judge Taft which decides q famous
patent case which has been in court for
Eumber OF years, anu which has excited
q great deal OI interest. The suit was
brought by Francis LOwery, executor OF
the estate OF GrOsVenOr 2. LoWery,
against the Cowles Electric Smelling and
aluminium Company and y. f. OsDurne.
The defendants claim that they had the
right OF two patents Dy assignment from
Charles Bradley for process Of Separat-
ing metals. particularly aluminium, from
their ores by the use OF an electric cur
TOnt both to fuse auu eleCtrOize the ore.
They claimed that they came into possess
sion Of the patents by virtue OF q sale to
y. L. Osborne, who was said to have as
signed the right to the CoWles Electric
Smelling and Aluminium Company. The
plaintiffs, on the other hand, claimed
that Bradley sold and assigned the patent
right TO them, and that they held letters
OF patent at the Department OF Patents in
" aShingtOn. The COwIes people also
held letters patented, and the suit was to
determine which party was guilty Of in
fringement. Judge Taft, in voIumin-
Gus opinion, covering over fifty pages Of
typewriter matter, held that the defend
ants had intringed, and were not entitled
to letters Of patent. He granted the
plaintiffs perpetual Injunction restrain
ing the defendants from using the patent
rights, and ordered the letters of patent
held by the CowIes people cancelled and
declared void