Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-11
WEDDERBURN'S CASE
Trying to ! Agree as to the Docu-
meHtary Evidence.
BOND STILL ON TIE STAND
The Question of Returning Fees
Touched Upon.
OTHER FACTS ELECTED

When the investigation into charges
against Wedderburn & Co. was resumed
this morning before the assistant commits
sioner of patents, counsel representing all
parties to the inquiry held long consulta-
tion In order to agree on stipulauons re-
specting the documentary evidence that
has been presented by the government. a
part of which has been gone over in the
testimony of Mr. Bond of Wedderburn &
Co. Mr.. Bond, in the several days he has
been under examination, has testified re-
garding about fifty cases. and it was rec
osnized that If the same procedure were to
be followed in all the cases, of which there
are over 300, including those which the
respondent proposed to introduce, the tes-
timony Of this witness would consume
nearly month. In order to shorten the
proceedings, counsel for all parties agreed
as to the facts in cases not yet referred to
in oral testimony.
This work of agreeing on the stipulations
consumed the entire morning session, and
while recess for luncheon was being talk
en- the agreement was prepared, ready for
the signatures of counsel.
The Wedderburn investigation has re-
suited In a very general destruction of fur
n1ture in the Office of the commissioner
OF patents. The room has been crowded
by patent attorneys and others interested
In the investigation much of the time since
the case was opened, with the result that
the cane bottoms of eight or ten chairs
have been badly damaged. Many of these
cases of destruction have been so COM
plete that the chairs have been taken from
the room, and in others the seats resemble
bags through the saggms of the cane.
Nearly all the chairs of the commissioners
room will be sent to the repair shop as
soon as the investigation is over.
The investigation was taken up again at
O'Clock, after recess. II was found not to
Sla hi !, lat
facts shown in documentary evidence pre-
pared for signatures today, as it will be
subject to revision, and will probably be
completed tomorrow morning.
Mr.. Bond Resumes.
Mr.. Bond resumed the stand to testify in
cases not included in the stipulations. The
case of Emerson was called up Mr.. Bond
testified that when that case came to him
he saw that it was one that should not be
appealed, although such action had been
| ordered by the Office. He at once ordered
that it be withdrawn from the board of
| appeals. but before that could be Gone it
had been acted on. The fee, including
government fee, had been returned to the
inventor. The case was unpatent;,5le and
appeared to have been filed without hav-
ing gone into the hands of a specification
writer.
In the case Of sbellberger inventor of
puzzle, search was made and no reference
was found. but Mr. Bond testified that the
| case was filed in direct violation of his
order that all such cases should go to Mr.
Snyder before, going out. and in this Case
| the record owed that this was not done
This case was acted on by Wedderburn &
Co. since Mr. Bond has been with that
firm, but the witness thought the case
was filed by. mistake. A.
Mr.. Greeley-"It was a rather expensive
mistake to the client, unless he gets his
fee back"
In the case 'of Ashton the witness testi-
fled that, in his opinion. there was moth
ing patentable in the. device. The atten-
ton of Mr.. Stockbridge was called to this
| case, and on January 25. 1897, the fees.
$40 were returned to the client without
any solicitation on the part of the latter.
The Returning of Fees.
Mr. Ford, Of counsel for respondent. ask
ed the witness whether it had been the
practice of Wedderburn & Co. to return
fees when it was discovered cases were not
patentable, and in which applications had
been filed.
Mr.. Bond replied that ever since he had
been connected with the firm that had
been the practice whenever his attention
had been called to cases.
Mr.. Greeley-"What has been necessary
to call the attention of the firm to such
| cases?"
Mr.. Bond replied that specification writ
ers discovering that cases had been filed
when not patentable would call their at
tention to the fact.
Mr.. Greeley asked about number Of
cases in which the witness had testified
that in his belief they were unpatentable
and that the search had been improperly
made, and wanted to know whether the
fees had been returned.
Mr.. Ford called attention to a couple of
cases of that kind in which fees had been
returned, but this action being since
| charges against Wedderburn & Co. had
| been filed, Mr. Greeley wanted to know If
money had been returned previous to the
filing of those charges.
Mr.. Ford remarked that this could readi-
ly be ascertained.
Threatened Suit for Damages.
After the Stars report of the Wedder-
burn investigation was closed yesterday, g.
good deal of amusement was had over the
vigorous correspondence by Adam Bulin
who threatened to sue both the patent
Office and Wedderburn for damages, be-
cause he had failed to get patent.
To the commissioner he wrote as follows
IT have received letter from my attor-
ney, John Wcdderburn, that a patent can
not be granted.
well, in reply to this will say that you
all knew that the two inventors, Eiseinan
and Crosweil, were the first two inventors
and you have no right to take up the case
and my money II 1t could not be patented.
And, besides, John Wedderburn made a
search through the records of the patent
Office and found it could be patented, and
now it can't, SO you say patent cannot be
granted.
IT will give you time to pay all my money
back which have paid toward the patent,
and which is enough to more than get one
and 500 besides for damages to me, and II
you don't pay it in the time stated before
l will sue the patent Office for 10000 I'll
get 1t one way If I don't get 1t the other.
The patent office has no right to take more
money than the fee of SIS to see If the in
vention is of patentable nature.
81 will not return the copy of the decision
until get settled with you and get salts
faction. Or III
II want an Immediate reply.
Respectfully. ADAM BCLTN
BOX 100, Medford Wis"
The Wcddfrburn Letter.
To Wedderburn & Co. Bulin wrote as fol-
lows: L