Evening star., 1897-07-29
Hearing in the Case of Wedderburn
& Go.
MANY PATENT LAWYERS PRESENT
Great Interest Manifested in the
Investigation.
AN EX-CLERK'S TESTIMONY

After The Stars report OF the trial OF
John Wedderburn & Co.. before the bar OF
the patent office. closed yesterday, Jesse r.
Whitaker of the patent firm of Whitaker 4
Provost continued his testimony. Mr.. whit
aker stated that some time last March he
received a letter from E. p. Tully of Co
lumbia S. c., regarding applications for
patents then in the hands of Wedderburn
& Co His firm had received letter from
Mr. Tully directing Wedderburn & Co. to
turn over to them the papers in the matter
of an application for patents on a carpet
shaker and fre-escape ladder. also - that
had been paid them and SO that had been
forwarded to cover the first government
fee. The letter gave as a reason Tor max
ing the change that the attorneys had tax
step in the matter Mr. Whitaker
then proceeded to read to the court num-
Der of letters of Wedderburn 4 Co. to Mr..
Tully. saying they could secure him pat
ent within eight weeks after the applica-
tions were filed. and that nothing was found
TO prevent the issuance of patents. Mr..
Whitaker said he had examined the mat
ter and found that both devices were not
patentable. The witness then demanded
that the money in the hands of Wedder-
burn & Co. be turned. over to him, which
was done
Mr. Ford of counsel for the defense en-
deavored to have the above testimony
stricken from the record, as the case re-
ferred to was not named in the original
charges. but Mr.. Greeiy decided that the
testimony was admissible. He also an
nounced that the defense could offer affl-
davits instead of producing witnesses if
they desired. An adjournment was then
taken until 10 O'Clock this morning.
Resumed This Morning.
The investigation was resumed at 10
O'Clock this morning before Assistant Com
missioner Greeley. Messrs. Fredk. w. Win
ter and Chas. C. Stauffer appeared for the
government Samuel T. Fisher, ex-Com-
missioner of Patents E. NJ. Marble and w.
H. Doolittle for the patent bar: VIM. Small.
F. A. Schwan, VIM. l.. Ford and E. H.
Bond for the specific claimants.
Judge Jere Wilson of counsel for the de-
PENDANTS was expected to be present this
morning. but was not on hand when the
investigation opened. Mr.. Wedderburn &C.
cupied chair beside his attorney, and, as
on the previous day, large number Of the
employees of his office were present. Among
them were dozen young ladies. who ap-
paared to follow every feature of the case
with intense interest.
Among the members of the patent bar
present to watch the progress of the in
vestigation were ]. H. Whitaker. Solon C..
Kemon of Mum 4 Co, VIM. Cranch Nc
1ntyre, +. Everett Ellis, John j. Halstead,
c. a. Snow. Howell Bartle. Walter Fowler.
Mr.. Connolly of Connolly Bros. Mr.. Boyd,
W. Il. Corwin and II. A. Seymour.
Commissioner Butterworth returned to
the city last evening, and was at the pat
ent office this morning. but was engaged in
hearing appeal case during the progress
of the investigation.
Mr. ellis CrOss-Examincd.
Mr.. Gillis, who testified before the court
yesterday. was put on the stand for cross
examination.
Counsel for the defendants then asked
Mr.. GiIlis if the following the form of
letter sent out by Wedderburn & Co.:
WASHINGTON. d. c.,
August Z, 1896.
Dear Sir: We have received your letter
OF the 18th ult., inclosing s. to cover the
cost of a special search in the matter of
your invention in the patent hammer for
holding nails.
We have made a thorough examination of
the records of the patent office, and find
as the nearest reference to Your invention
patent No. 1l6553. copy of which we here
with inciose.
Please remit SO to cover the first govern
n,ent fee of 50, and s.. the cost of one
sheet of official drawings, and upon the
receipt of this amount will prepare the
necessary application papers and send them
to you for approval and execution
Your invention will be entered in compsti-
tion for our prizes.
AS soon the application is safely filed
In the United State patent office. and you
are secure from anticipation by any other
inventor we will at once proceed to find a
purchaser, should you desire to sell the
patent.
we await your Instructors
Very truly yours.
JOHN WEDDERBURN & co.
Mr.. ellis testified to the correctness OF
the form of letter submitted, saying, how
ever, that the form was changed later
Mr. Stauffer wanted to know why the
Change was made.
Witness said that it was because 1t was
suggested that the form would not be
sale 10 employ. He and Mr.. Bond had
made that suggestion.
The substitute follows:
WASHINGTON. ID. c.. March 1S 1897
Dear SIR: We have carefully examined
the description of your invention. and
Searched the patent office records with a
View OF aScertaining the present condition
OF the art, TO see whether Or not we could
secure You patent AS the result we
nave found copy of patents $40, ,Dt. 3OJ 9SS
and inclose the same for your inspection
according to our understanding of your
device, this reference anticipates It, Plea Sc
examine both inventions carefully and let
us kno%. by return mail. whether YOU can
see any differences between the two and
II so describe them We shall then take
the matter up for further consideration
Our clients are frequently enabled
through judicious use of references fur
nished by us, TO make alterations and i'm
prove!nents IN their devices which rot only
other patents, but also add materially 10
their commercial value.
II IS due 10 you to state that the patent
once frequently allows patents which prove
Very valuable, based upon single cla i'm
that 10 the inexperienced eye constitutes
but slight difference from an Invention
already patented.
In view OF the fact that Won had M
knowledge of the invention described in
the inclosed reference. you have shown the
same degree of inventive skill in devising
your own that procured the patent for this
inventor, and the ingenuity and creative
aDliity heretofore displayed by you will
urdouhteiIy assist you to so modify the
Invention as TO avoid the inclosed refer
eJlCe. ana perhaps to Obtain
"AI he source of considerable revenue
to you.
Nhea you are ready to proceed with
sout apfheauon Tor patent please send us
q clear sketch and description of your in.
vention IN its perfected FORM or If CON
EeLlent a model of same. and at the same
time' remit so preliminary fee. which COW