A correspondent enquires of us if it is true " that H. M. Paine's patent for railroad cars has been overthrown by H. B. Goodyear, the assignee of E. Hamilton, on a case brought before the present Commissioner of Patents." We would state for the benefit of our correspondent, and perhaps many others, that H. B. Goodyear has published advertisements setting forth thatin the case of an "appeal" or matter of "interference " between Henry M. Paine and H. B. Goodyear, assignee of E. Hamilton, priority of invention was decided in favor of Hamilton as the inventor. H. B. Goodyear gives information to all the railroad companies (and especially the "New York Car Ventilating Company,") who have derived licences from Paine, that unless settlement is made within a reasonable time they will be sued for violation of the patent. On December 18th, 1852, the Commissoner, of Patents, S.H. Hodges, Esq., decided thatE. Hamilton was the first inventor of the improvement for ventilating railroad cars, by th e arrangement of vertical blinds or shutters adjusted to act as deflecting panes. This decision may not be final. An appeal can be carried to the Assistant Judge of the District of Columbia, and from him to the District Court of the United States here (N. Y.) There is something about the business which [we have not yet been able to dig out. H. M. Paine received a patent on the 6th of January 1853, ##8eten of the Commissioner of Patents cannot overturn that patent. A Judical Court has the power to declare it void and of none effect, and no other. What may come out of this case we do not know; the Commissioner of Patents made the decision upon the evidence presented to him, but that is all, it does not settle the matter by any means.
This article was originally published with the title "Paine's Patent for Ventilating Cars" in Scientific American 8, 20, 157 (January 1853)