Evening journal., 1896-10-21

Wishes to Annui the Berliner Fatent.
Claims Lack of Good Faith In Patont
Onice Proceedings.
NEW YORK, Oct. 21.-TLe suit of the
United States government against the
American Bell Telephone company to an
nul the Berliner patent Is expected to
reach hearing before the supreme court
in few days
Application for the now famous Berliner
patent was made Juno 4, 1877, and after
lying In the patent Office under one pre-
text or another for over IA years the pat
ent was finally issued to the American
Bell Telephone company, assignee, in No
vember, 1891.
Under the patents to Alexander Graham
Bell the Americas Bell Telephone compa-
ny had enjoyed the exclusive monopoly of
the telepohne business since 1876. Shortly
before the expiration of this fundamental
telephone patent the Berliner patent WAS
issued 1t is claimed that this patent COW
ers all forms of telephone transmittors
which have been commercially in use
since 1878 and which are in general use
today
II the supreme court decides that the
Berliner patent is valid, the American
Bell Telephone company may continue to
enjoy its monopoly OF the telephone busi-
ness until 1908, a total period Of more
than 32 years. Should the supreme court
however, order It's cancellation, then the
public may be allowed to secure the ad-
yantages of active competition.
The attorney general, on behalf Of the
United States, began suit against the
American Bell Telephone company in
February, 1898, and in the bill of com
plant set up various grounds upon which
the patent should be declared invalid and
cancelled.
The suit was brought in the circuit
court of the district of Massachusetts, and
Judge Carpenter decided the patent inval-
id on the grounds brought forward and
ordered it cancelled. This decision was over
ruled by the circuit court of appeals. The
United States then appealed it to the SUI
preme court
Choate For the Defense.
y 1t is understood that r. p Fish Of Bos-
ton and Joseph II. Choate Of New York
will present the case for the Bell company,
(while Judge r. S Taylor of Fort Wayne
iand Causten Browne Of Boston will ap-
\ pear for the government The attorney
y general has appointed ex- Solicitor General
Charles II. Aldrioh as assistant special
counsel for the United States to file a sup
Elemental brief discussing in detail some
of the grounds upon which the govern
ment urged the cancellation of the patent
Several Of the grounds set up by the
government, and which will probably be
argued against the validity of the patent,
are:
First The application as fled did not
describe the telephone transmitter which
Is covered by the patent as issued. The
apparatus described and claimed by the
patent was introduced in amendments
subsequent to the date of fling.
Second. The invention of the micro
phone transmitter was included in the
patent to Alexander Graham Bell Of March
-, 1876, autedating Berliner's application
by over year.
Third. The government claims the in
vention In question was described and
disclosed and patented to Berliner in his
patent Of Nov. 2, 1880, in which patent
the transmitter is claimed In combination
with the identical apparatus used as a re-
ceiyer.
Fourth. The government claims un-
called for delay and insertion of new mat
ter In the application as we'll as other ir-
regularitios Of procedure in the patent
Office. These unoalled for delays amount
to bad faith toward the public on the part
Of tho American Bell Telephone company.
The public understands the Importance
of the decision Of the supreme court in
this famous suit