The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-10-21
UNITED STATES
COURT OPENS
tConcluded from Page 81

patents for the calk which it manu-
factures, design patent and me-
chanical patent. The subject matter Of
both patents he declared are precisely
the same. The design patent was Sc
cured on Dec. 10, 1898. and the me-
chanical patent on Jan. %, 1901.
Mr.. Coke argued that there cannot
be two inonopolies the one infringing
upon the other, and that under the
United States statutes the term of a
patent monopoly cannot be extended as
in this case from seventeen years, the
statutory limit. to nearly twenty years.
He then declared that horseshoe
calk is not a fit subject for a design
patent because design patent can only
be secured for an article which APP
peals to the aesthetic emotions" 1t
is absurd he said. to contend that a
horseshoe callS could, by any stretch
of the imagination. appeal to II per-
sons aesthetic emotions" He read
from recent decision of the United
States court of appeals. in which it was
unequivocally set forth that horse
shoe calk is not a subject for a design
patent. If the design patent be de-
clnred void, he said. the mechanical
patent secured later must fall with it.
Attorney Hervey $. Knight. of WASH
ington, d. c., who represents the Will
liams Calk company. admitted that the
sweeping decision of the court of APP
peals would seem to invalidate the de-
sign patent, but he said that this de-
cision was not necessarily binding, and
pointed out that the court had appar-
entity ignored two general categories
under either of which horseshoe calk
might properly come.
Monopoly Not the Same.
The monopoly obtained under the de-
clared is in nowise the same, and
be invalidated the other patent would
not of necessity become void with it..
Judge Archibald asked Mr.. Coke if he
could cite any authority to prove his
contention to the contrary. and the lat
ter expressed his inability to do so,
asserting that the point raised is a new
one in patent practice
Just before adjournment was taken
the bankruptcy cases of A. j. Kennedy.
ct al. and Brllce Cook. ct al. against
tht' 'ldTk summit billiE una SouutlS-
ing company, were called and jury
was secured. Former Judge T.. n. Will
lard and Attorney \. V. Bower repre-
sent the plaintiffs. and Attorneys c.
Comegys and John Y. Scragg appear
for the defendant company. The case
will be heard this morning.
The allegations made by both plain
tiffs are that the cnndnnsary COM
pany, while in a state of insolvency.
transferred certain real estate to At
torney George p. TAYLOR, uf this city,
and certain personality TO the summit
Dairy company, the same with intent
10 dcfraui creditors. Application is
made to have III" company declared
bankrupt.
During II lull in the court proceed
nGs two prospective citizens presented
themselves for naturalization.
Pm afraid I'll have to refuse YOU,
gentlemen said Judge Archibald. With
smile. IT'S So near election day
that I'm lea sOnably certain you'd have
a pretty hard time resisting the temp
tation to vote. Come around after cleo
ton and Well fix matters un for YOU"
"You amt giving us fair shake"
said one of the two disgruntled future
citizens as he filed out.