Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-01
Judge Wilson Argues for Wedderburn
& Go.
GREAT INTEREST IN TIE HEARING
Pays His Respects to Patent Office
Examiners.
R. STAUFFER EXPLAINS


quired to show cause why they should Tot
be disbarred frcm practice. was continued
this morning before Commissioner of Pat
ents Butterworth and Assistant Commits
sioner Greeley. Judge Wilson at once be-
gan his argument for Wedderburn & Co..
the room being crowded with prominent
local patent attorneys.
Judge Wilson said he objected to the
brief of the counsel for the government
because it contained the sin of omission
The stipulations showed twenty-five cases
of applications that were filed that should
not have been filed, but the brief of coun-
sci for the government, while making
much of this fact, failed to state the whole
number of cases from which these twenty
five were taken.
Judge Wilson also objected to the state
ment that sesrchers fer WedderDurn &
Co. were required to make twelve searches
day. That statement, he said, was
made by but enc Witness, whereas half
dozen other witnesses testified in oppoSi-
ton to this statement. the order of ellis
regarding the number of searches 20 be
made was revoked after few days. and 1t
was never shown that twelve searches
day were made. On the other hand, Judge
Wilson said, the records show that during
period of two years fraction over seven
searches a day were made.
MIR. Wedderburn Appears.
During Judge Wilson'S argument Mr..
Wedderburn appeared at the door and
watched the proceedings for a time.
After Judge Wilson had spoken for
short time all the entrances to the COM
m issioners room became crowded. the
greatest attention being paid to his argyll
ment, which went into every detail Of the
brief of counsel for the government.
Judge Wilson argued that the entire
| method CT Wedderburn & Co. in making
searches showed their purpose of making
them conscientiously. They had IN exe
perienced man in charge of the work of
the searchers to check them, and did every
thing to get correct results.
Examiners Who Reversed Opinions.
Judge Wilson read from the brief of
counsel for the government that Further
more. a large number of the cases stated
by said Bond to contain patentable subject
matter must likewlse DE held by an TN
prejudced person to either contain no
pateEtable novelty or at most to contain
81 CHI a small margin of patentability IS
not to warrant the taking out of patent.
In almost all Of the cases introduced as
exhibits the examiners have recorded their
deliberate, unbiased opinion that the cases
contain patentable novelty, and after
careful. review of these cases 1t must be
admitted that this Lolding is substantially
correct"
ment was merely taken from the inner
consciousness of the attorneys drawing the
brief and that 1t was not warranted by the
evidence. He said 1t merely case
of the attorneys becoming witnesses in the
case, and he objected to having them dc
that without being crosS-examined by him.
He said the evidence showed that the
aminers after having recorded their de-
lberate unbiased opinion" in their reports.
they proceeded to allow patents on cases
able.
He referred to the average allowances of
cases filed in the patent Office during the
past eighteen vars as 81 per cent; during
| the last six years as 81 per cent while the
| total number of Wedderburn & Co.'S cases
allowed was II per cent. They had, he
said merely speculated On what would be
done with the large number of cases of
Wedderburn & Co. still pending which
would affect their average of cases allowed
The examiners were liable to change their
minds on the patentability of cases pend
| ing, they have in the past.
My wish is 10 impress upon you'' said
Judge Wilson, addressing the commission
| er. that when charges quasi criminal are
made with the object Of breaking down The
| business of John Wedderburn, these
| charges are not to be proven by going into
| speculations and indulging in mathematics
based on speculation, which is no mathe-
| mates at all. You cannot prove gross
miscoI duct by such methods
Mistakes Of Employer.
man doing large business, he said.
| must rely upon his employees. He knew
| that the late Mr.. Lemon was always on
the alert lest the large number of en-
| ployes under him should make mistakes.
| 1t was naturally SO.
| He spoke of unpatentable duplicates filed
by Wedderburn & Co., which, he said, was
| due to the mistakes made by employees
which could not be laid to the account OF
gross misconduct That had, he said, hap
pened in eight cases in two years out of
| total of 3.613 cases filed by Wedderburn
& Co. He thought that a very small
number of such mistakes for so large a
business.
Judge Wilson spoke of the charge of
counsel for the government, that it was
| admitted that misleading and deceptive re-
| ports of many preliminary searches were
sent out to clients; the respondent publish
| ed false and improper advertisements, etc."
| as not proved by the evidence. There had
| been no such admission on the part of the
respondents.
A discussion arose between Judge Wilson
| ard MIR. Stauffer when the former referred
| to the great effort to get twenty-five cases
against Wedderburn q Co. by microscope
cal examinations into the affairs of the re-
| spondents.
| Mr.. Stauffer said the cases ne referred TO
were merely samples. He explained that
1,Sl2 cases had been reported by the ex-
aminers, from which 400 had been taken,
and circular for the correspondence in
these cases was next to the inventors
Since those hundreds of other cases had
come In. but were not included in the show
ing made by the government.
Judge Wilson claimed that nothing should
be considered in the case that was not in
cluded in the evidence submitted before
| the commissioner.