Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-23

! in all being adverse to him. or these
| cases three We're applications for amend
ment of application and all were thrown
| out on the specific declaration of fraud.
| His original applications now dissolved
| interfered with the consideration of half
| IA dozen other tungsten light patent appli-
| cations and these will now be given Off
| cial attention.
Case a Noted One.
The case has attracted wide attention.
| AS a result of charges Of fraudulent prac-
| tices in connection with the work on the
| claims in the patent Office. New w. w.
| Barton, an examiner in the patent office.
and H. E. Everding of Philadelphia.
| Heany's attorney. We're sentenced to
terms In the penitentiary, and Heany
sought ineffectually to have the courts
| enjoin the proceeding by which the COM
| missioner of patents has refused his ap-
| plications.
| The case is notable in the patent history
| of the government.
Charges Made in 1909.
| Examiner A. F. Kinnan of the patent
| office filed the charges in the case with
| Commissioner Moore in February, lgg
| He declared that in December, l9o4
Heany filed. through Attorney Everding
an application which was numbered 2'S.'
| 769 and while this application was stu
| pending there was also on file In divislof
| 81 of the office and under consideration
| by Ned W. Barton, assistant examiner
certain applications filed by other' IN
| ventors for substantially the same IN
| yention, and also an application for tn
| process of making flaments from metal:
| i'm colloidal form.
! Heany filed through Everdfng, an ap'
| plicatiOn for Tungsten filament for IN
| candescent lamps, which was numbered
| 81 1856 and was stated to be division
| of his application No 2}S 169, and Sep
| tember L.. 1908. Barton caused d letter
| to be written i'm this application to Heany
| and signed by the acting examiner OF
division 81, stating that the claims of said
| applicat ton We're allowable, but that the
| allowance was withheld in view of pos
| sible interference.
| Mr. Kinnan further charged that in Oc-
| tober 1906. for the purpose of enabling
| Everding, for Heany, to place In the di-
| yisional application 3d., 1856 certain mat
| ters relating to the use of paraffin as
| binder for the powdered metal used III
making the filament which were in neither
the original duplication nor the division
| and for the purpose of enabling Heans
to file an application for the coiloida
process of making such filaments. whicr
| was not described in any application OF
| Heany then on file, division OF n :
application 23S. 769, and thus obtain the
benefit of the fling date thereof
Everding and Barton. on behalf OF
Heany. removed from the files of the pat
ent Office the first two sheets OF the
specification of application G'Sl69 and SUD-
| stituted in lieu thereof two other type
| written sheets containing among othei
matters which were not in the Specinca-
ton when filed a reference to the use ol
paraffin as a binder. and also a descr1p-
ton of the use of metals In a state OF
colloidal suspension, instead Of the pow
dered form of the metal
| Later 1t was charged that. acting on be-
half of Heany Barton inserted by mean:
of a typewriting machine on page L. linz
II of the sheets which had been fraudu
lently substituted in the application th'
words pure chromium, molybdenum
thorium, manganese or alloys Of" and OF
the nineteenth line of the same page "ol
osmium, ceriun, niobium. tantalum, vana
dium, or boron or silicon and on page
line > after the word hydrogen ne In
| serted the words ''or nitrogen
August -, 1906. it was still further al.
4 legged, Barton caused to be sent TO Heany
a letter In reference to the application
requiring division thereof. No action was
| taken in the case by Everding or Heany
before August 2S. 1907, and the applica
ton was abandoned.
Changes Made in Files.
Thereafter Everding. 1t is claimed. pre-
pared an amendment to this application
and Barton at his instance placed the
| same in the files of the application
| fraudulently stamped the same and en-
| tered it in the examiners register and
upon the file wrapper as of the date OF
August &c, 1907.
Everding later prepared and transmit
ted to the patent Office a letter nov
known as amendment B to be entered in
| application 3327S6 and which he directed
| with other things. Mr.. kinnan charges
that on page ,, line 1 of the specification
the word starch be Cancelled and the
| word "paraffin' be substituted therefor
BY reason of the fraudulent changes made
in the application 23S769, 1t was declared
and because the application 3327S8 wa.
stated to be division thereof. the word
"parafffn' was inserted by the clerk OF
divis on "a as directed by the amend
i ment.
! The last charge made by Mr. Kinnan
set forth that pursuant to the purpose for
Il which the specification of application
2Ss769 had been altered as heretofore set
forth. Everding, November 10. 1905 filed
an application for the process of making
filaments for the making of incandesceni
lamps from the colloidal forms of the
metals, which application was numbered
34iO6S and which stated that this appli-
! cation for patent is a division of my
earlier application filed December %
1904. serial No. 23S769.'
This statement" Mr.. kinnan con-
cluded lis false. as the subject matter
| introduced into application 23S7eS as be-
fore stated, for the express purpose OF
/ LAYING a foundation for such divisional
| application.'