Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-02
SO Testifies Patent Division
Chief Kinnan.
SWEARs BARTON DID IT
Doctoring of Files in Many Instances
Is Sworn To.
VIOLATIONS OF OFFICE RULES
Discrepancy Between Letter Re.
fusing Application for Heany De-
vice and Papers on File.

That records of the patent office nave
been doctored was sworn 10 today by A.
r. kinnan. chief. division 81. patent Of
flee, who testified at the trial OF John 4.
Heany, inventor. Of York. Pa. and Henry
E. Everding. patent solicitor, Of Philadei-
phia.
Jesse c. Adkins is conducting the gov
ernments case in Criminal Court No. l.
before Justice Gould. He brought i'm Mr.
kinnan's testimony TO show. first. the
practice in the patent office tn the dis
position of papers. the making of indorse-
ments. etc, the rules on various sub
jects. and then to show that Ned ".
Barton, assistant examiner. sentenced 10
prison Monday, made Endorsements and
interlineations. contrary to the rules. and
that by so doing he made it possible for
one of the patents in question to be issued
MIR. Khan told OF numerous instances
where Barton had made entries. correc-
tons. additions or other markings in the
patent papers in evidence. He disclosed
that one set of files had been so changed
that some papers were markedly at vari-
ance with others in the file
one letter OF rejection. according to Mr..
Adkins. showed in detail why the claims
had been turned down, but. by the In
sertion of sheets of typewriting into the
Mes, the patent was finally issued.
Office Methods Described.
Mr.. kinnan outlined briefly the course
of patent applications as the papers go
through his office He told the jury what
registering a patent consists of and row
each detail of the application is recorded
i'm book. In outlining methods used
in looking up claims In the patent office
he said he placed absolute reliance on
the findings of the assistant examiners.
He said the assistant examiner had
nothing to do with entering amendments
to patents. He was questioned as to who
make certain entries on original patents
in cases where patents are amended. He
said clerk attends to it-not the assist
ant examiner.
He explained the rule of secrecy in the
patent office regarding patent applica-
tons adding that an abandoned patent
is preserved in secrecy.
He showed that different colored inks
patent office, the coors showing to the
clerks to what the entries refer.
The first hour of his testimony was
devoted to the rules and practice OF the
patent Office. Mr.. Adkins brought out
points that he will endeavor to use
against the defendant.
After finishing this part OF the testi-
mony Mr.. Adkins shaped his questions IS
to the dealings with the bureau of Ever
ding, Barton and Heany. who are alleged
W HdNC SohSphCu oeoAiSS euo own"
ment.
Mr. Kinnan stated that the inventor.
Heany, conversed with him some time In
November. 1907. and displayed a knowl-
edge of an application with which
Heany's application conflicted. He SEEM
ed to possess knowledge that was under
the ban Of secrecy.
Mr. Kinnan was handed one of the
files from the patent office. after having
shown that he was familiar with Bar
nenma nShin He testified that Rar-
ton had made an entry on the back or
the cover. This showed that the bureau
rules had been violated. as Barton had
no right to make the entry. Barton's en-
try kept the papers from going dead"
The patent papers were examined and
each clerks entry was explained.
Mr. Adkins osked many questions con-
cering handw iting. Attorney Douglas OBJ
jected on the ground that Mr. Kinnan is
not an expert I'm handwriting. Justice
Gould overruled the objection.
MIR. Adkins testified that certain inter
lined wards in the patent specifications
We're made by Ned Barton. who had no
right make changes or additions.
Besides the specifications Of the patent
the amendments to II were brought into
evidence. There was much testimony as
to the handwriting Of various clerks in
the patent office.
Mr.. kinnan thought he detected Mr..
Bartons writing in many places. The
value of this testimony to the govern
fIlent case Is tnat barton mad no right
to make entries Endorsements on the
Patent papers
On the "Y'' file of patent papers Il
was testified that Barton's handwriting
appeared frequently. Many indorse-
ments on the wrapper of the file were
accredited to Barton. and were made
prominent by Mr.. kinmans frequent
denial of BartOn's right to place the
entries where they are.
A bureau letter, rejecting one Of
Heany'S patents, was introduced. Mr..
Kinman testified that the letter was
written. turning down the application.
because the papers in the case showed
that no patent should he allowed
The prosecutions point was that the
letter and the patent papers. as at
present, show Il discrepancy as regard
to the conditions they record. In other
words, the attempt was to show the
patent papers had been doctored.