Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-05-11
THE BELL Company wins.
The U. S. Supreme Court Hands Down
An Important Decision.
The Long Fought Contest Over the
Berlinsr Patent Decided in Favor
Of the Original Company.
Charges of Col usiOn in the Pat
ent Office Not Sustained.

WASHINGTON. May 1o.-The Bell TeIe-
phone Company won the case brought
AGAINST it by the United States TO annui
the last BerHner patent. This decision has
the effect Of continuing the control of the
telephone by the Bell company for Il
years from the date Of the last patent
which was granted in 1898.
The government asked TO have the pat
ent of 1893 set aside on the ground that
the delay Of IS years in the patent office
was fraudulent and through the fault OF
the telephone company and that the pat
en-. issued i'm 1850 covered the same ground
on which the new patent was applied for
IN 1891
The court. I'm its opinion. delivered by
Justice Brewer held that there was no
evidence of corruption or undue influence
exercised over the patent office by the tel
eprone company. and that there was no
evidence that the delay i'm granting the
uatent had been brought about by the
couDarv. To held that whatever delay
there had been was through the fault of
the patent office and by no fault Of the
company
Justice Harlan d.sserted from the opin-
ion. Justices Gray and Brown. IT was an
nourced. took no part I'm the case. presum-
ably because they were interested.
The court held that I'm order 20 set aside
the patent the government must establish
grounds Of relief as clear and satisfactory
as 10 would 20 set aside a land patent. All
other ALLEGATIONS of the government be-
side that of delay were overruled. This
decision by the Supreme Court sustains
the lower courts.
The case has attracted wide attention
because Of the extensive interests involv-
cd I'm its settlement. and the opinion Of The
court has been anxiously awaited. The
suit. Il was claimed. involved the practical
co1(roI of the ar, of telephoning. Il or
iCinated IN q charge Of collision i'm the
pateut Office and was Brought 20 obtain the
repeal and cancellation Of the letters pat
ent Of the United States No. 1850. dated
November t. 1891 granted 20 the American
Bell Telephone Company as assiNnee Of
Emile Rerliner. the alleged inventor. The
repeal and cancellation Of the patent were
sought upor the brought that the applica-
ton for q. while fled in 1871. was not is
sued until 1901. This delay was charged 20
he unnecessary and improper upon the
part Of tho patent Office. and The Bell TIL
ephone Company which. as Eerliner's as
signee. controlled the application. 1t was
asserted that The company had acQuiosced
IN and promoted the delay, and for their
own interests thus defraudirs the public
o. IT'S rights
II was claimed chat the Berliner patent
practically controls telephony. as it has TO
10 with both the transmission and receipt
~ sound. and that the delay thus secured
until 1891 operated 10 prolorg the control
OF this act for Il years beyond the time Of
to expiration Of the Bell patent.
Tt was also asserted that the patent was
granted by the commissioner Of patents
without authority Of law. and that It was
for the same invention for which n patent
had been granted i'm 1SSo. and that the prin-
clple was therefore not new.
The suit originated in the United States
Circuit Court for the district of MassaChu-
sets. where 70 was decided i'm favor of tho
United States Upon appeal TO the Circuit
Court OF Appeals for the first circuit this
decision was reversed and the contentious
or the B5rliner claimants upheld. From
this opinion the United States appealed TO
the Supreme Court.