The Providence news. (Providence [R.I.]) 1891-1906, 1903-03-11
Automobile Suit That Involves
Millions Of Dollars.
INFRINGEMENT The ISSUE.
Owners Of Grant Claim All Gas and Oil Pro-
peIIed Vehicles Are Included
Therein.

New YORK. Mafcn ls--hllli'iS VI w.
lars and the sentimental interest at leas'
OF everybody who buys, sells or uses an
automobile are involved in a suit Whlch
Is about TO come up for argument In the
United states circuit court in this city
over the famous Selden patent.
IL the contention that the Seden patent
Is a basic. blanket patent. covering every
kind OF oil and gas propelled road vehicle
Is sustained, many dealers and manufac-
turers all over this country may be
mulcted heavily for infringing on a very
valuable monopoly. If the patent claims
are unset the automobile industry will re-
ceive great impetus.
The title OF the suit Is the Vehicle com
pany OF America against Smith Ma
bley, OF this city. Counsel on both sides
say the suit will be fought with vigor'
The Vehicle Company bought the Selden
patent and is determined TO protect IL
from infringement Smith g. Mabley are
engaged in the automobile business, ana
their contentious have the moral support
at least OF every dealer In the country
who is not allied with the owners OF the
selden pHtent
George b. Selden, n son OF former
Judge Henry ID. Selden for many years
a Judge OF the court OF appeals. was HIM
self a lawyer OF repute I'm Rochester
thirty years ago when he became inter-
ested in self-propelled road vehicles
MADE A VEHICLE.
During the long course of his expert
ments he Impoverished himself. but he
did succeed in putting together vehicle
which was seen In the streets OF Roches-
ter I'm 1873. IL was hailed as great curl
osity and failure was freely predicted
for II and its maker.
These predictions seemed likely TO
vainly applied for patent upon his con-
trivance. which was driven by an engine
OF the liquid hydrocarbon type. From 1873
to 1895 he waited patiently. At last, on
November g. 1895. he was nouned that
letters patent had been granted for road
vehicle, the motor being n liquid hydro
carbon gas engine OF the compression
type.
Meanwhile the gasolene type Of auto
mobile was being put on the market by
manufacturers, and Seden was not get
ting any wealthier So. in the fall or
1900. suit was brought against one OF the
most prominent of the manufacturers or
the gasolene automobiles by the COM
pany which had purchased the Selden pa
tent demurrer was sought by the
defendant upon the ground that the Sell
den contrivance was not really new
invention at the time letters patent were
granted. and as II was not patentable
device there could not be any infringe
ment.
JUDGE CONES RULING.
Judge Coke. OF the United States cir
cut court, In decision overruling the de-
murrer handed down on November 10,
1900. said that he could not hold with the
defendant that gas engines for road veh-
icles were old at the time Selden had APP
piled for his patent and that no inven-
tiveness was required in substituting gas
for steam engines In propelling vehicles.
Judge Coke maintained that while the
Rochester vehicle was crude and tenta-
tive, still IL must be regarded as the first
concrete EFFORT 20 construct road loco
motive provided with a liquid hydrocar-
bon gas engine OF the compression type
which left the platform OF the carriage
unobstructe1.
Messrs. Belts. Belts Sheffield a. Belts,
attorneys for the plaintiff in this new ac-
tion, regard Judge Coxe's decision as OF
immense value as a precedent. Messrs
Fletcher McCutcheon e. Brown, the de-
fendants' counsel said yesterday that
the demurrer suit was not fought rs
vigorously as II might have been, but
the action now imminent would be push
ed energetically.
IL Is averred that the Selden claim can
he ridded. that the long period elapsing
before letters patent were granted was
fatal to II, other inventors going ahead
and perfecting a machine far better than
the Seiden type, and that It IS tate In the
day for the owners OF the Seiden patent
20 come into court now and demand dam
ages for alleged infringements.