The San Francisco call., 1896-12-21

complainant and John L. Boone is the
legal representative of the defendant.
One of the most stringent rules in con-
nection with the granting OF patents Is
that requiring the applicant for the patent
to be the actual inventor. The complain
ant in this suit now claims to have made
the discovery that Marceau, in whose
name the alleged infringing patent stands,
is not the real inventor, and that there
fore his patent is void and that he has
been guilty of foreery. The attorneys for
Taber even go further, and declare that
the real inventor is George A. Meyer, at
present in the employ of Marccau.
In support of their claims they will pro-
duce a sworn statement from Meyer in
which the latter claims that the Marceau
patent was obtained on the invention
which he subm tilted to his employer, and
that he allowed his rights to be interfered
with because he did not at the time real
ize the value of his invention.
Meyers sworn statement is as follows:
The way first learned of bas relief photo
graphing Is as follows: l was at Strong's and
Mr.. Marceau came there TO get Strong to de-
photographs in relief Strong tried for quite
q while but was unsuccessful. Strong is a
mem Der of the firm of Bolton & Strong, photo
engravers.
had Iay wife make a blue print from 8
negative at noon. I made q plaster of Paris
slab that night, engraved the slab and en-
bossed the photograph that same night Nv
FIRST attempt was successful The next morn
ing took it down to the shop and showed it
to three or four of the boys. At noontime
telephoned 20 Marceau inquiiing il he would
like to see me in regard to raised photographs
/ went that night to see Mareeau but did not
have the photograph with me. simply spoke
of it to him. and he told me TO bring the pho
tograph around to him the following day, and
in accordance with this request l brought him
the EN- mbOssed blue print the next day. He
appeared very glad to see it and said it was
the very thing he was looking for. He gave
me a negative, so as to see If could make
bss relief from one of his own negatives. 1
returned him the completed embossed photo
graph the next day.
Then for TWO or three days we were fussing
over it-what TO do and what he was to give
me. We finally decided that l was to work for
him for salary. When 1 was there two or
three weeks he made me sign a paper.
signed the paper and continued to work for
him The paper, as far as l read and under
stood Ii, was that was to work for so much a
week to perfect an invention OF Theodore c.
Marceau.
Marceau did not have an invention of this
kind to nv knowledge, although he had had
Others working for him to make this for him,
which l learned after was there. l was in
his employ short time " hen ne spoke about
our getting out patent on TINS particular IN
Yention. He spoke in such way that
thought he was going to do something for me
in that way. He always said we were going to
get out patent, and l thought he was going
10 benefit me. ] did not know when he fled
the application for the patent. The only time
he spoke 10 definitely about the patent
was when he showed me telegram that the
patent had been issued TO him.
/ have always considered this my own in
vention. l was told so by every one who saw
me do 1t. Ny invention consists of max
ing q plaster of Paris slab and cutting out
the outline Of the photograph on g print and
putting it on the plaster OF Paris cast and en-
craving from that, then registering and en-
bossing il.
l always considered myself the first in
Yentor OF this particular process, and l gave
Mr.. Marceau n % authority to procure patent
in Marceau's name. did not know that Mr..
Marceau had procured patent until Mr.. Mar
cesu showed me a telegram announcing the
TACT that the patent was allowed. 1t was three
months after was there before he spoke con-
ddentially OF us getting a patent At the time
that Mr.. Marceau showed me the telegram an
nouneing The granting of the patent did not
then make any move asserting my rights for
the reason that was upder the impression
that i could DO nothing against the patent
that had been granted 10 him. did not know
TO the contrary until within the last few days.
Mr.. Meyer is dentist by profession,
and when called upon was quite diffident
in speaking of the subject of his inven-
ton He explained his silence hitherto
by confessing that he was 60 much ab-
scrbed in his dentistry work that he
thought little of abe value of his photo
graphic bas-relief invention at the time.
He stated that he had heard that Marceau
was trying TO secure such an invention in
order to compete with the Taber gallery.
and he set about experimenting with ma
terial which he was accustomed 10 handle
in connection with his profession. He