Decisions Relating to Patents

By the Commissioner of Patents

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HOCKHAUSEN S. WESTON--DYNAMO-ELECTRIC MACHINE.-- INTERFERENCE. Application of William Hockhausen filed January 28, 1878. Application of Edward Weston filed December 13,1877. Marble, Commissioner: 1. A machine which embraces all the features called for by the issue in an interference in such a manner as to be capable of successful operation will serve to give date to an invention, although such machine fail to show additional features which give increased efficiency to the perfected machines. 2' Objections to the patentability of a claim cpnstituting the issue in an interference should be urged by a motion for dissolution of the interference, and not by an attempt to restrict the scope given by the Examiner to such claim. 3. In both the courts and the Office abandonment is an ill-favored finding, and cannot be presumed, but must be conclusively proven. 4. Thecharge that an applicant is not an original inventor must be sustained by proof of a most conclusive character. HOPKINS '1)8. LE ROY.--JOURNAL BEARING. Application o fD. A. Hopkins til ed November 20, 1879. Application of T. V. Le Roy for reissue of patent No. 221,737' granted November 13, 1879 filed June 5, 1880. Marble, Commissioner: 1. When a party files a preliminary statement it is to be presumed that he has fully canvassed all the facts in the case and has correctty state d the same, and unless a request to amend the statement is made before any testimony has been taken all parties have a right to proceed on the issue as made in the respective statement s. 2. A party has no right to wait until his opponent has fiilly developed all the facts in his case, and then for the first time ask leave to correct errors in hi s statement; but if through carelessness or negligence he has failed to have such correction made he must suffer therefor. leaves of books. Caldwell's gram conveyor, of St. Louis, takes with the millers. Timmerman's furnaces for evaporating fruit can be used indoors or outdoors, and utilizes all ery wheels for nearly every kind of grinding, cutting, and ; finishing being thus practically recognized. The success of WICKS V8. MCAVOy.--BHEET METAL CAN.--MOTION FOR REHEARING. Marble, Commissioner: 1. The rules relative to the granting of rehearings in interference cases before this Office are those which govern the granting of new trials in the courts, and to motions for the same diligence is a prerequisite. 2. Misstatements in arguments of counsel will not warrant the granting of a new trial. 1 1880 SCIENTIFIC AMERICAN, INC

SA Supplements Vol 10 Issue 253suppThis article was published with the title “Patents” in SA Supplements Vol. 10 No. 253supp (), p. 298
doi:10.1038/scientificamerican11061880-4038dsupp

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