Evening star., 1897-08-05
CROSS EXAMINATION
Examiners of the Patent Office Ques-
toned by Judge Wilson.
TREATMENT OF WEDDERBURN Cases
= interogatories Put to Patent At
torney and His Replies.
ARG UMENTS OF COUNSEL

The investigation of John Wedderburn
& Co, ordered to show cause why they
should not be disbarred from practice be-
fore the United States patent Office, was
resumed at 10 o'clock this morning before
Assistant Commissioner A. p. Greeley.
The first of the chief examiners examined
by counsel for the respondent was l. W.
Townsend of division farms. stock, pro-
ducts. etc.).
Judge Wilson referred to Mr.. Townsend's
report of March Il. showing ninety-three
cases of Wedderburn &, Co. which had been
reported unpatentable by him. and to a
supplemental report made over three
months later. which showed that fifteen of
those cases were declared patentable by
him, ard later one of these cases was
again declared patentable on one claim
lie asked Mr.. Townsend if he was now
ready to say that those cases were un-
patentable. and that he would not change
his opinion
Mr~rownsend answered that his opinion of
those cases was at the time that they were
not patentable, and he changed that opin-
ion in fifteen cases upon the discovery for
other patents which bore upon them.
Jutige Wilson sought to have the wit
ness testify as to the percentage of appli-
cations for patents rejected.
Mr. Fisher, of counsel for the Patent Bar
Association, said his side was willing to
ways rejection in whole or in part OF the
claims.
a long series of questions were put TO
the witness by Judge Wilson to show how
patents csrtificating an invention are cited
Made by Two Chiefs.
Jay F. Bancroft. chief examiner of di-
vision IL. was cross-examined by Judge
Wilson. Mr.. Bancroft succeeded E. NJ.
Harmon chief of the eleventh division.
and the report from that division bearing
on the Wedderburn case had been made
partly by both of the chiefs and his own
report was based upon the records of the
I Office. as he had not examined the cases
himself.
Mr. Wilson asked whether it ever hap
pened that the nearest and best references
TO inventions were not found.
Mr. Bancroft-"Yes, 1t does happen; but
know of no case in which it has happened
in division IL. 1t doesn't happen often"
Judge Wilson. referring to list of re-
jected applications filed by Wedderburn &
Co. asked the witness how many of them
had been allowed.
Mr.. Bancroft-"I do not know what ac-
tfon has been taken in these cases.
Judge Wilson-"Do you know that claims
have since been allowed in two of these
caSes?''
Judge Wilson inquired about some
changes in the list of cases reported by
Mr. Bancroft as unpatentable which were
explained by tae latter, who showed that
three cases not intended to be on the list
had been included in it by mistake of the
copyist.
Gustav Bissing. chief of division 1s was
Called C ior, but he was not in the city. and
George r. Simpson. chief of division 81.
was put on the stand He had been in the
patent Office eleven years.
1acse Wlson-Do you remember how
IohS you were in making your report that
there We're ffty-fve cases of Wedderhurn
* Co. not patentable?"
Mr. Simpson-'F'our or five hours"
Nr Simpson was asked for the number
OF cases ne had in his first report reported
unpatentable in which patents or some
claim had been allowed. He left the stand
missioner remarking that he did not 500
IN Importance of such data though he
DID not object to the inquiry
Talk of Opposing Council.
Mr. Ford-"We have been able to show
III 'his case that one-third of these cases
reported as unpatentable have since been
allowed"
MI FISHER remarked that counsel on his
Side was ready to admit that there were
cases In which the action of the office as to
patentability had been changed.
Frank NJ Ward of division 1e was the
next witness called
Judge Wilson. reading from the renort ot
MI Kissing, chief of the 18th division. to
the effect that in his opinion the cases OF
MetderDurn Co showed great inetti-
cheney IN their preparation, wanted to know
on Wnat cases that opinion was based
Mr.. Ward could not tell and Thought that
only Mr.. Kissing could answer such Dues
tions. a
T. c. Skinner. chief of division 7 was
paced on the stand and testified he had
Den patent office examiner eighteen
years.
Judge Wilson. referring to the list given
IN Mr ski ner's report of I'D cases as net
p2tentatie, wanted to know in how MANY
since that report.
Mr. Skinner could not tell He testified
t4iat III most OF the I'D cases he had made
. personal examination himself before pro-
houncing them unpatentable.
Chas- c. Gould. division 81 was exam
lhed as to the manner of making his re-
port
An Interesting Incident
An interesting incident of the investiga
tCn was short crOss-examination hv
Judge Wilson of c. A Snow Of c. A SNOW
Company. Mr. Snow was an Interested
spectator of the proceedings Judge Will
soH while waiting for one of the chief OK
aminers who had been called as a witness.
passed 10 MI. Snow newspaper containing
letter which invited people who had had
unsatisfactory dealings with patent attor
htys In this city TO make that fact known.
letter. 'U' 'he
Mr. Si.ow-'I do not recognize it."
ne was mar ded manifold copy of a let
eHert, and asked if he had written and
sent il cut
Mr.. 81 ow said he had done so, having
Circulated the letter extensively
men asked regarding the identity of
aLother letter. Mr.. Snow declined to an
s"er any more questions of that nature
decline TO do so.'' he said las Mr.
W edd' rburn has suit against me which
am awaiting with conposure"
Sir. Siauffer-"What is the purpose of
these questions? They do not bear on this
case"
Judge Wilson-"It is to show that Mr.
Snow and others have been exceedingly
diligent in every way to find somethi1r
against John Wedderburn."
Mr. Snow-"Oh. no; it was already
found"
Judge Wilson-'If you will submit to nv
cFosS-examination We will see about that
As 1 wished to show, the whole country
mas been secured to find some evidence
against John Wedderburn & Co and n the
same diligence had been used apainst anv
otner attorney doing the same amount Of
business the same results would have been
reached
MI Snow."It is not so much the guam