A Weektjy Journal of Practical Information, Art
Total Page：16
File Type：pdf, Size：1020Kb
A WEEKTJY JOURNAL OF PRACTICAL INFORMATION, ART. SCIENCE, MECHANICS, CHEMISTRY AND MANUFACTURES. Vol. XLII.-.No. ,.er A11111110. [NEW SERIES.l 22'J NEW YORK, MAY 29, 1880. [$3.2()[POSTAGE PREPAID.l STOVE MANUFACTURE-WORKS OF FULLER WARREN & CO.. TROY. N. Y.-[See page 340.] © 1880 SCIENTIFIC AMERICAN, INC $titutifit �tutritan. [MAY 29, J880. l'ATENTS FOR NOT INVENTING. of the petition, the offers to show ploof on points not fully The constitutional authority for tile patent laws of the presented in the original trial, and the able arguments made, United States rests on Section 8 of Article 1 of the Consti· will undoubtedly serve a tlseful purpose, even though the ESTABLISHED 1845. tution, which provides that Congress shall have power " to T prayer of the petitioners-has been denied, for the manner in promote the progress of science and useful arts by securing which Ihe court suggests the limitations of the previous MUNN & CO., Editors and Proprietors. for limited times to authors and inventors the exclusive right decree, defines the points upon which it was made, and to their respective writings and discoveries." refers to the record, will make it difficult for the plaintiffs PUBLISHED WEEKLY AT The section of the revised· statutes which describes what to give it any wider application than in the matter of these PARK ROW, YORK. NO. 87 NEW inventions may be patented carefully limits them to such as burglar alarms, which the defendant has, cxcept to a small are new and useful, and the patentee must in all cases be the extent, ceased to make in the way specified. O. D. 1I1UNN. A. E. BEACH. inventor or his heirs at law. This has been the policy and The court, it is true, refuses to il!dicate what would be practice of the Patent Office from the beginning; and it its decision in case suit was brought relative to infringement TERMS FOR THE SCIENTIFIC AMERICAN. would seem to be the only one authorized by the Constitu- I in an apparatus used for telegraphing on long or main cir One copy, one year postage included.................................. $3 20 tion. cuits, but, while pointing out that the petition is before the One copy, six months, postage included . '................... ... 1 60 . will The House Committee on Patents, however, appear to court from corporations not parties to the suit, who would CIllbs.-One extra copy of THE SCIE"TIFIC AM ERICAN be supplied think differently, as they have just reported back favorably have ample and proper opportunity to. defend themselves gratis for every club of five subscribers at $3.20 each i additional copies at same proportionate rate. Postage prepaid. Mr. Casey Young's bill (H. R. No. 3,041) offering patents 10 when directly sued, when their new and additional evidence Remit by postal order. Address such as are not inventors, for the introduction of inventions might be legitimately introduced, makes the following signi MUNN & CO,. 37 Park Row, New York. which are not new. The bill reads as follows: ficant declaration: "It is quite s fficient to sa that wh n- � � ? � To Advertisers.-The regular circulation of the SCIENTIFIC " Be it enacted by the Senate and House of Representatives of I ever the defendant shall use what IS suggested III connectIOn AMERICAN is now FiCty Thousand Copies weekly. For 1880 the the United States of America Congress aRsembled, That any with a long or main circuit for telegraphing, ann shall be publishers anticipate a still larger circulation. in person or �erson� who introduce from a for�ign country any proceeoed against for doing so, an issue will be raised which The Scientific AInerican SuppleInent secrl�t art, lllventIOn, or process useful and lmportant to !he . 't :WI'11 b e p rope l. the n to consider, but that no such issue has Is a distinct paper from the SCIENTIFIC AMERICAN. 'rHE SUPPLE MENT publIc, and not patented there, and at the tIme of applIcatIOn 1 . " tak zance of the is issued weekly. Every number contains 16 octavo pages, uniform in size not understood in this country, may, upon payment of the ansen. The court es no cogm proposed with SCIENTIFIC AMERICAN. 'rerms of subSCription for SUPPLEM11�NT, fees required by law, and other due proceedings had as in new evidence, and points out that it is in no way substan $6.00 a year, postage paid, to sub8cribers. Single copies, 10 cents. Sold by the case of new inventions, obtain a patent therefor. And tiated by oath whether there is any new evidence or not or all news �ealers throughout the country. it is hereby declared that any secret art, invention, or pro- . · " w ha t know Ide go or IIIf rmar IOn is Ira d 0 r not tla d" h a t Combille(l Rutes. -The SCIEXTIFIC AMERICAN and SUPPLEMENT cess which has been used or practiced, unpatented, for the . � : posseSSIOn of the court; the offer IS onlyt will be sent for one year� postage free, on receipt of set'en dollars. Both period of fifty years last past exclusively in the country was not before III papers to one address or different addresses, as desiredo where obtained, shall be deemed a secret in the meaning of icitor's"best knowledge and belief," and " the order, letter. as to a sol The safest way to remit is bv draft, postal or registered this act." best knowledge, information, and belief of the solicitor may Address MU NN& CO . 37 Park Row. N. Y. .--- ---------------------------- As was pointed out in the SCIENTIFIC AMERICAN, January be none at all." The matters of fact and of law sought to Scientific AInerlcan Export Edition. 31 last, this is a radical departure from the policy and pur- be raised by the petitioners are declared to be not in issue The ScmNl'I FIC AMlmlcAN Export Edition Is a large and splendid peri pose of all our patent legislation hitherto. in the snit., and it would be a wrong to the plaintiff to con- odical, issued once a month . Each number cGntains about one hundred large quarto pages, profusely illustrated. embracing. (1.) Most of the The proprietyof granting such great privileges is as doubt- sider them in any way to gi ve such construction to the patent i plates and pages of th e four preceding weekly ssues of the SC[F.�TIF]C ful as is the authority of Congress to do it. And it would as does not legitimately aris\) from the record, and it is held A).fI�RICAN, with its splendId engravings and valuable information; (2.) certainly be a strange way to encourage progress in the use- that a new suit, where the petitioners are parties interest, Commercial, trade, and manufacturing announcements of leadin£ houses. iu 'rerms for Export Edition, $5.00 a year, sent prepaid to any part of the ful arts to place inventors of what is new on a level with the will afford the only opportunity to bring in these further world. Single copies 50 cents. pr' Manufacturers and ot hers who desire mere importer of what is at least fifty years old. Who it is issues. to secure foreign trade may have laPge, and handsomely displayed an .. nouncements published in this edition at a very moderate cost. that desires the enactment of such a law, or for what reason, The SCIE:-'::'l'IFICAJ\I1�ltICAN Export Edition has a large guaranteed circu .. does not appear. HONORS TO AN INVENTOR. lation in all commercial places throughout the world. Address M UNN & .. '. .. The authorities of the city of Blois, France, have deter- .• 37 Park Row, New York. CO THE PAGE l'ATENTS. Papin, an ingenious ------=.=.---.----=========== mined to erect a monument to Denis NEW YOnK, SATURDAY, MAY 29, 1880. Undoubtedly some of the ablest decisions ever given in inventor of the seventeenth century. for whom it is claimed our courts have been those involving the validity of patents the honor of having made the first useful application of Contents. and questions of infringement. In such cases, the trials steam power. Whether this claim can be substantiated or (Illustrateda rticles are marked with an asterisk.) being in equity, and the proceedings never hastened, the not is doubtful, for, besides uncertainty as to the stories Abattoir, Paris .................... 345 Inventor, honors to an ...... .. 336 lawyers generally have the most ample opportunity for about Papin's inventions, there are prior inventors with Academy of Sciences, New York 337 I ead, sheet, Chinese factor.ies. .. 34l Alaska, river scenery of., .... .. 341 Medal.. s for Paris exhibitors .... 346 thorough preparation, and the nicety with which they make more or less vague claims of the same kind. The difficulty . American industries* ... ........ 340 Metallic shower, a .. ..... ....... .. 337 hair.splitting distinctions often gives their arguments a most of determining who is first with inventions of our own day Apple borer. ........................ 344 Meteoric dust, fall of ... ..... 340 Astronomical notes. .. .. .. 339 Mining, hydraulic, on a railway. 339 subtle flavor, provided their reasoning be equally close, and and generation is increased immeasurably when a question Atlantic seaport in France. .. .. 337 Natural line,history ne wnotes .... ........ 344 d d Oil pipe .......... ... ... 341 I,he reader or listener be not interested therein in the matter of priority is raised as to devices two hundred and more �Z��t;;:\�� : .� ������.� ::. Patents for not inventing. .... .. 336 Brown stone as a fire resister.��: ...::::• �R38 Patents, Page, the................ 836 of dollars and cents. Speciousness and sophistry are years old. However, whether Denis Papin made the first 8 a t � Patents, recent decIsions .... ... 844 �roi �fi� 3�'s ,a��1!r�fng'. o·n.:: PhotographiC novelties .. .... 340 nowhere else more cunningly introduced, and the courts steamboat or not, he was certainly an ingenious and useful Copying process, AJisoff's ....