The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-01
DOCTOR DEFENDS
RIGHT TO PATENT
friedman Tells Why He Should
BE Granted Favorable
Consideration
CLAIMS NE M ETHOOS
Report Made by Preliminary
Examiner i'll Berlin Denying
His Application.
lspeciul 10 The rilcs-Dispatch. ]

Especial To The Times Dispatch.l
New York. March 31.--Dr. Fricdr ich
Franz Fricdmann defending the pc
iition FOR patent ON his tuberculosis
cure, which was printed this morning.
declares that his right to patent rests
ON three discoveries. They arc:
First--rho method of billing TUDOR
cular bacilli with a hammer
Sccond--That vrulent and nonviru-
lent bacilli bred together would pro-
duce nonyirulent bacilIi, the latter
the end completely dominating and an
nii'ilatinS the yirulent bacll.
Thlrd--A naehrbodcr or medium Of
culture which contained only harmless
~ poisonlcss substance, a discovery
heretofore unknown to bacterioloG lists
This supplemental explanation was
made BY Dr. Friedman in answer ,)
nc report OF the Berlin examiner of
patent applications. who recommended
that a patent be denied
In this statement DR.. friedman
gives further confirmation OF the be-
lief, fast taking root in the minds OF
American physicians. that the original
baci!li employed by tho German sa-
want az the basis Of his serum was
taken from human tuberculosis vic
tim and injected into the turtle, having
nrst been cultured 10 q point where 1t
vas acclimated 10 the cold blooded AMI
NAL life.
BaciIli Completely Killed
He declares that he has shown that
by his system OF hammer.ng. human
'ubercular bacilll have been com
pletely killed that 'they would
not inocuate guinea pig, whereas
bacilli treated by the old method OF
pulverization have demonstrated that
they still contain their v!rulent quail
Ties when Injected into the guinea
pig.
Tho naehrboden used by DR. Fried
mann. he says unlike all other cultural
mediums employed by bactcriologists,
Is not poisonous on this naehrbodcn
hc has been able to breed a mixture
az virulcnt and uonviruleut bacili
which becomes nonvirulent, whereas IN
all such mixed breeds attempted pre-
viously BY psychologists the viru-
!ence has prevailed.
In opposing the application OF Fried
mann for patent the preliminary ex-
nminer reported:
1T has been known for some time
how 10 alter by breeding and how to
use nonvirulent tubcrcular bacilli in
the preparation OF antitoxins for-warm-
FLOODED animals by Injection and for
the production Of animal serum.
and from the record OF the laboratory
experiments, ii must be con
cluded that curative seruns Of great
value can be produced in the manner
hltIt uE6tIiDtU
These facts seem to be in contra
1iction % the claims OF this applicant
III paragraph of his application
lit Is well known besides that the
Eirulence OF bacteria can be attenuated
by continued culture on artificial
na-hr boden or by passage through the
bodies OF other mammals that
this attention (abschwaecbung)
would increase with the number of
generations and passages through
animals Was, in the opinion OF the eX-
amincr. TO be expected. so that neither
the manner OF the claims nor their
effect seems to offer anything new.
OncrS No New Material.
since, furthermore. II is not new
that bacteria with their naehrboden
dan be worked into therapeutically
available emulsions. therefore the APP
plicaut's claim In paragraph 3 can
not be accepted as Offering any new
material: especially It Is well known
the the cultural media OF ba"terlolog-
zeal cultures generally contain some
effective materials
The method also described in para
graph does not offer anything new
for the effect OF ways Of mechanical
attentuation in destroying bacteria is
we'll Known
TO judge from all this the appli-
cant seems TO have combined ways and
means that are not new peculiar
III themselves anu NIlGn 90 not tE-
hibit any unexpected technical result. /
This seems to he the ease also in
paragraphs I, ). and L. for the
fact that unused bacteria can be sub
lccted again 10 the ordinary methods
of culture. and that vIrulent and non
virulent bacteria can be bred and
worked over together is a matter of
course
Dr.. Triedmanns answer 10 this crit
iciSm follows:
No new serum was to be produced
by the method set forth in this appli-
cation for pntan,ing such method. 1t
is Il we'll known fact. as the examiner
himself has explained in his state
ment that the viruleuce OF bacteria
can be attenuated by continuous breed
ing on artificial culture mediums, but
this called unzucchtcn OF tubercular
hacilli took place every four or six
weeks while the popularity OF my
method consists in the fact that the
un2uechten is done at intervals OF Il
few days and is continued for year .
Thus the last traces OF virucnce
are completely destroyed, not so much
by the number of generations rs by the
quick repetition of such generations.
Tho passage through mammals closely
related to man is not employed for the
purpose of the attenuation OF the viru
lencc, but with. the intention OF in
creaSing their immunitiVc cultural
value for man,
But. according to the facts stated
in the different scientific work men
toned by the examiner in contradic-
ton OF these claims. the exact opposite
had to be eXpcctcd--that is. the pro-
duction of cultures weakened in their
effectiveness IT could not be foreseen
that cultures Of Increased effective
ness would be produced. and this is.