Wilson v. Rousseau

SUPREME Wilson v. term, certificate was a filed,

term. At a present proper Eustis, titling, and, on motion Mr. the case was docketed and (cid:127) dismissed. Plaintiff, v. Lewis Rousseau Charles James G. Wilson. Easton. authorized of a eighteenth patent act the extension The section of the. a or administrator of patentee. of the executor patent, application deceased Such, assignees benefit of an not inure to the under the does extension original (when granted of the administrator patent, to an adminis- but to benefit who trator), as such. But those were in the use of the capacity in-his patented of for a time the renewal have still to use it. machine at the administrator, although and obtained extension could be The applied lifetime, had, of all his original patentee existing disposed m his interest in the then thing beyond patent carry any sale'did not the term the Such original patent. extensions, prior made to the law A by the”patentee, covenant authorizing machinery, have the benefit covenantee should improvement not include the extension an admin- alteration istrator, did or renewal It construed to include only the act of 1836. the surrender must be renewals on account of a patent defective specification. obtained upon laws, and not to general special Parties to look to established acts contracts Congress. administrator, therefore, an from the plaintiff, A who claims under can who under the covenant person claims against maintain a suit machines within a assignee particular to’use two An of an exclusive district district, infringement patent within that even can an action for an maintain against the patentee. adminis- planing-maehine, the case of Woodworth’s In patent drawings, upon’ specification proper trator sufficient was founded is valid. Commissioners, question to whom the of renewal is of the Board The decision n referred, juris- question is not the act conclusive' their given case. diction to in a act. letters lawfully can receive a surrender of Patents Commissioner patent upon spe- amended for a new letters specification, issue defective cification, orig.nal for which the was expiration the term after years. term seven Such granted, the existence of an extended pending during such be made at time extended term. and renewal surrender ones, ». case, the three .Wilson namely, subsequent This v. Wil Turner, Wilson, et and Woodworth al. & Bunn Simpson son, known as cases'.* Many were’argued together, being those all, them of law involved were common points were but in the first case which came were argued fully up cases.. touched iii the discussion incidentally subsequent * reporter arguments publish of counsel these patent intended extenso, many cases in and with that view and obtained from applied themselves; beyond arguments'prepared by 'the counsel but circumstances prevent executing his control those that him from He retnrns thanks his purpose. kindly who furnished him arguments, regrets so with their gentlemen original his design has been frustrated. TERM, 64? ». Rousseau which were derived under all related patesit rights They Woodworth, arid out renewed for a taken planing-machine, administrators. The validity original patent extended by case, that which came from was one questioned only namely, which were cases was the last There four argued. in Kentucky, York, one from one from all, from New one Maryland, namely, Louisiana, and from In the course of the one Kentucky. argu- ment, records, counsel to the four referred some indiscriminately were in be documents one which were not to found another. seriatim, cases will and the doc- taken and be up reported uments which are cited first will repeated others. York, The first order was the case of from New the titling this, the head of given report. for It came United the Circuit Court of the States up District of division in York, Northern of New certificate on a opinion. On the 26th of November, Woodworth 1828, William pre- sented following petition. “ of To Honorable of United State Clay, Henry Secretary States. “ Hudson, of of William Woodworth, of city petition York, Columbia and of New county State respectfully : represents “ That a new and method has invented your petitioner improved into and mouldings, planing, grooving, cutting tonguing, n either, material, and for boards, other reducing plank, also thickness; and and for and facing width equal brick, metallic, min- on, or dressing facing, and cutting mouldings eral, substances, or other not knoWn or used before application to him- him, which he is desirous securing advantages that letters self and his He therefore prays legal representatives. unto issued, your pe- United granting States titioner, heirs, administrators, or the full and exclusive his assigns, to be to others and making, using, vending right used, constructing, acts method, to' the aforesaid new and agreeably improved and your made Congress petitioner case provided; States, of the United into the treasury dollars having paid thirty the said acts. and other complied provisions WOODWORTH. WILLIAM iCNovember 26th, 1828.” executed to James 1828, On the 4th December, Woodworth Strong assignment. following “ m Hudson, I, Whereas Woodworth, of the city William the 13th wit, day State of New York, heretofore, SUPREME ¶. transferred, for a and legal and valua- assigned September, title, claim, half of all consideration, the my right, one equal ble invention and interest improvement mentioned oath, intended in the foregoing James petition, specification, Hudson. Strong, city is intended whereas, also, And assignment subjoined transferred assigned the same interest convey assign mentioned, with- 13th above September of said invention one half out my equal any prejudice which is to myself legal reserved my improvement, expressly representatives. Woodworth, all Now, men, I, know the said William and, and other valuable dollars, in consideration of the sum ten have, considerations me do hereby, myself moving, tht, said and assure to transfer, legal assign, representatives, give, one. eq-.-d James and his full.and Strong legal representatives new in and tide, interest,- my half and claim my right, into cutting method of tonguing; grooving,'and improved planing, material, and -for re- boards, either m&uldings, plank, thickness, also for to an width the same ducing equal orí, me- brick, facing, facing dressing cutting mouldings to be and intended tallic,' mineral, substances, or other mentioned oath, together secured and petition, specification, foregoing as I and immunities, absolutely with all the and privileges fully and to hold and same; have do or or shall possess enjoy same, and his legal representa- to the said James Strong, enjoy tives, or do may. “ seal, hand and whereof, I have In witness hereunto set my December, 4th 1828. day WOODWORTH, WILLIAM [seal.] “ —: Witnesses Henry Everts, David Oleason.” December, On took the 6th of Woodworth the following oath. York, State : J'few Rensselaer s& County,

“ iCOn this-sixth sub December, D.T828, before day A. scriber, a in and of Rensselaer for justice peace county aforesaid, William'Woodworth, aforesaid personallyappeared made oath, solemn he believes law, that according verily to be the true and the new and im inventer of original himself method, above described and for proved planing, specified, into tonguing, grooving, mouldings, either,-plank, cutting to an boards, material, other and for the same reducing brick, width and and also for thickness equal facing dressing TERM,, v: Rousseau metallic, mineral, or sub* on, or facing, other and .cutting-mouldings of the United is"a citizen States. ; and that he stances the Peace.” THOMAS, Justice JOHN to be recorded third above vol- appear documents 155, 156, in the of Patent patent- ume of Transfers Rights, pages office United States. of! the. a was issued as follows. December, 1828, On the 27th

“ Letters Patent Woodworth. FT. to all to whom letters of America these United “The States : shall come States, a citizen of United Woodworth, William Whereas a new and useful invented that he has alleged hath impro^pent into mould- cutting method tonguing, grooving, planing, boards, material, and for other either, plank, ings, re- thickness also for an' width same to equal ducing. on, or brick, and me- mouldings cutting facing, ánd dressing facing tallic, substances, states, he mineral, improvements, ; hath or used before his made known have not been application he the true inventer or believe that is dis- he does oath that verily hath into said paid treasury coverer improvement-; dollars, a the siim delivered the United States thirty receipt State, same, Secretary signi- presented petition desire,of an exclusive the said im* obtaining property fying be for that pur- praying provements, therefore, law, to the said are, pose. grant, according These administrators, or Woodworth, heirs, assigns, William December, 1828, 27th of the' full from the term of fourteen years of making, constructing, using, exclusive liberty used, improvement,'..a description' vending others in the words said William Woodworth- whereof given annexed, made schedule himself, hereto these presents. these letters I caused to made In testimony-whereof, United to be hereunto- States seal hand, of Given under at the Washing- affixed. my city December, of in the our year of Lord. ton, this 27th day s.] [l. of. United States 1828, independence America, the fifty-third. Q. J. ADAMS- (Signed,) “ the President. By CtAr, H. State.” Secretary (Signed,) of States.. Wirt, the United General Wm. Attorney- Certificate to wit: City Washington, de- do that I letters foregoing were patént hereby certify, c3 roL. iv. SUPREME December, on 27th livered. to me in the day year our examined; Lord to be I have examined the same, and do find them conformable law I return the hereby same to State, within fifteen from the date Secretary*of days aforesaid, December, wit, on this 27th the year aforesaid. day WIRT, WM. the United States.” Attorney-General of Schedule. Clltie referred to in schedule these letters making same, a containing words description, said William himself, Woodworth of his improvement method into planing, tonguing, grooving, cutting mouldings, eithen, boards, or or material, other and for plank, any reducing equal same to an thickness; width and also for f&oing' brick, and on, or dressing metallió, min cutting facing, mouldings or eral, other substances. u boards, material, The or other reduced being to a plank, friction-wheels, width circular saws or as the be, case may a then on a on with a carriage, resting cut placed platform, rotaiy centre, either horizontal or vertical. ting-wheel The heads or circular axis, fixed to an have one of plates, the heads may movable, accommodate of knife length The ,any required. head knife fitted to or bolts, screws or the or knives cut ters for fitted screws or bolts to moulding logs, connecting heads of the with the cylinder, the knives or forming edges cutters a The knives in a line cylinder. placed with the axis or cylinder, other material plank, diagonally. .on be set so as to resting reduce it to the'carriage, nry thick ness and the a rack and required; carriage, moving by pinion, rollers, motion, lateral knives or cutters edge on the wheel, periphery reduces cylinder any given thickness. After passing wheel, reducing then planing if two approaches, revolving cutter-wheels, one for required, cut the' the other for ting the rabbets groove, cutting form the ; one wheel is tongue other, over the placed the later directly al motion material, other moving between plank, the groov wheels, ing so that one has rabbeting., edge cut groove whole length, cut on side, rabbet each edge leaving to match tongue is a circular groove. grooving-wheel axis, fixed on an with a number of plate to it cutters attached project beyond so periphery a that when plate, put mo it will tion cut or perform with the groove, parallel face of deep or other material. The plank also of rabbeting-wheel, similar form, having number, cutters each side the plate, pro like those on the jecting cuts the rabbet on the grooving-wheel, side of edge and leaves or match for the-plank, tongue TERM, et al. Wilson and ver axis cutter-knives planing-wheel By placing groove. or will two other material wheel plane planks the same tical, or one, other material moving plank opposite time with each other and against periphery ways, parallel and wheel. The be cut or moulding groove tongue may planing time, material at the same adding groov plank wheel. and rabbeting ing £C the, invention of cir Woodworth does not claim William Said cutter-wheels, have' been in long knowing they cular saws and as his invention the applica he claims use but improvement timber, boards, wheels to of cutter planing plank, tion planing material; cutters for also his method of groov or other improved stone, iron, wood, and and cutting tonguing, mouldings ing brick; material, and also for and metal, or other facing dressing be used single moulding, all the wheels for separately im claims, indicated. his before He also other purpose method, for floor circular saws reducing application proved width, materials, tó a and other plánk, n 4th, 1828. December Troy, “Dated WOODWORTH» WILLIAM “Henry Everts, Witnesses.” D. S. Gleason, one Uri 25th Emmons obtained April, On pa- a new and useful the mode of floor- for tent improvement planing straightening edges grooving, tonguing, and. plank, ^nd boards, timber, same, square straightening planing planing &c., called the one planing- machinery, operation, cylindrical said letters attached there- machine. specification words and to, following being figures. Uri Patent. Emmons’s America to all to whom these “United letters patent .States : shall come Emmons, a Whereas, States, Uri citizen of United hath has invented a new he and useful alleged improvement mode planing floor-plank grooving tonguing edges same, boards, tim straightening pláning square planing £ ber, &c., at one called the by machinery, cylindrical operation1, he states has not been known planing-machine,’ improvement used before his hath made oath that he does application, verily believe that he is the true inventer or discoverer the said im hath into provement, of the United paid States treasury sum of dollars, same, a- delivered thirty pre receipt sented ob State, petition to desire Secretary signifying taining exclusive said*improvement, pray property that a ing for that patent may purpose. Th§se therefore to law, Emmons, said Uri grant, according 65£ SUPREME v. Rousseau heirs, administrators, or term assigns, years fourteen

jrpm hundred one thousand eight twenty-fifth day April, the full exclusive twenty-nine, liberty making, im used,- others to be the said using, constructing, vending of the whereof in the words provement, a is given, description annexed, Uri himself, Emmons in schedule hereto and is made of part these presents. “ In I these letters to made whereof, have caused testimony be hereunto affixed. and the patent, seal United States.to “ Given of at hand, Washington, under this twenty^- my city fifth hun- of in the Lord.one thousand eight of our day year April, dred and of of the. United the indépendence twenty-nine, of States America the fifty-third. ANDREW JACKSON. .(Signed,) [seal.] “ the President. By ' M. Van Burén.” (Signed,) to wit: City Washington, — of “ I were deliv- letters do. hereby certify foregoing ered to me on the of in the our twenty-fifth April, day yéar Lord one exámin- hundred to be eight and twenty-nine, thousand „ed; that I examined find same, and conformable them law; State, and I do return the same to the hereby Secretary within from aforesaid, wit, date on the days fifteen twenty- April fifth day year aforesaid. BERRIEN, J. M.ACPHERSÓN (Signed,) the. United Attorney-General of States.”

Schedule and making letters The schedule referred in these the said same, containing description, words in the mode himself, of his planing- Uri Emmons improvement the edges and straightening floor-plank, grooving, tonguing, tim- same, boards, planing square planing straightening ber, &c., calléd machinery, one cylindrical operation, planing-machine. — consists, for the improvement machinery “1st. “ or a frame wood metai. Of together 2d. and connected Of the and fixtures combined gear in- consists of which the above-named principle operation, sides over, or at the under, timber boards, running plank, knives are metal, straight on which placed, wood cylinder other, hav- with each with exactly their edges corresponding spiral, saws, burrs or simi- knives, ; also from two twelve ing edges wheels, to groove those in brass lar to used for teeth cutting be- through as they boards pass tongue edge plank surface rollers, cylinder. tween or on a carriage, by et

Wilson ®. form, and construction of the above principle The shape, the same dimensions, &c., still position, shape varied — effect. I the same substance, producing principle mode in found that' thé following have, experimental operation, —best: is the form timber, of two frame twelve 1st: A composed .pieces broad, about six inches about feet ten placed long, to eighteen framed four one at with each together girths, inches apart, fifteen centre, from the and flush with distances end, and at equal of a frame is This proper length, side. supported posts tiriibér, side into the under the above pieces framed to be of sufficient maintain so as strength operative braced centre, roller of metal or hard There placed posts. frame, the surface of the roller even with wood, across being frame; above, directly surface parallel or knives, with two or four roller, edges cylinder, hung spiral diameter, and arbor, on a cast-steel ten . inches rest hung six .to frame, attached to so movable boxes the sides ingan roller, down from the thickness give set cylinder’up to be On each side of is plac> the timber planed. cylindér of hard or the a wood under one feeding-rollers, metal, ed pair level with the ones being one. The are of each pair upper centre which are boxes, in down with or so pressed weights, hurtg springs timber will them, the comes between hug when carry wheels, aré and turned at These connected by through. rollers of the roller of about twelve feet surface minute. per a velocity thousand' five hun with two to make about two The edges cylinder strokes minute, five thousand -revolutions cutting dred per every feet; can be number varied edges, twelve according is attached different The velocity power parts. power, a bolt on outward on a the end by to the cylinder running pulley, shaft. is Each from the feeding-rollers plac of the cylinder way rest on about two feet for the timber to run ed rollers While apart a On side of fastened one the frame is ning through. straight side, metal; as a lined with serve other edge, guide, on.the in is timber, are a the rollers which placed up piece pressed or straight or board a edge close guide keep plank or is doné burrs circular grooving tonguing spring. saw; to a on similar these are hung burrs cutters perpendicular the arbors- of which boxes attached to the inward rest in spindles, frame, a burr the on one to cut the and on side of the side groove, burrs, the two other is as far as the thickness just apart placed the one, one above for or near end groove. At cutting shaft, is wüth a drum which belts a roller, pass frame or hung cutters, each of. circular over on the burrs pulleys spindle These must the same which have about cylinder.- velocity each on burrs are one side placed opposite cylinder,'' c3* SUPREME COURT. cut the to match on the other, so as to tongue groove; is an arbor with the on cylinder parallel side cylinder, circular for is cutters board planing edges placed as The cutter on the next to side they pass through. plank on arbor is movable guide stationary one opposite arbor, but fastened with set it for different screws arbor, runs from A belt a on the end of the out widths. pulley frame, drum, the said side the as also same from the cylin der, motion. each about having feeding-rollers from, in a belt motion driving power. put slow-part I have also a for save rollers operation carriage feeding, put back. running the time carriage I, the Now, Emmons, what said Uri consider and claim as follows, which I solicit- a is as .patent, my improvement, :— namely “ 1st. The boards with rotary principle planing plank motion, same, with knives edges cylinder, placed upon described, before which I straight put spiral, operation, State, York, of New county Syracuse, Onondaga, year. early part 2d. The burrs grooving tonguing, contradistinction Woodworth, from the used William he duck- mode using bill cutters. “ 3d.. The on a feeding, timber by'running through carriage, before between feeding-rollers, straight guided by edge, described. “ In true aforegoing testimony specification my described, as before’ I have hereunto set improvement, my seal, hand of our Lord eighth day April, year hundred one thousand and twenty-nine. eight URI EMMONS. (Signed,) — Thos. Thomas. “Witnesses, Hathaway.” Silas On 16th said Emmons sold entire May, interest the last-mentioned H. Daniel patent to-Daniel Toogood, — Toogodd,Halstead, Halstead, and William Tyack, by following instrument: Deed Emmons and Tyack. from “ Whereas machinist, Uri Emmons, of New York, State of America, has received letters of the United patent States’ dated 25th, one thousand hundred April and eight twenty-nine, [for] and full exclusive and using, liberty making, constructing, to others to be used, and vending new and useful improvement the mode and and planing and floor-plank, grooving tonguing, boards, straightening same, edges straightening planing and timber, planing &c., square one by machinery, operation, called cylindrical planing-machine. TERM, 1846. v. “ Emmons, I,' that Uri Now, know men these presents, dollars, to me of five York, of New in consideration of-the city William and Halstead, hand Daniel H. Daniel paid by Toogood, con- and who viewed York, all of said of New fully Tyack, city and and the said the said specifications improvement, sidered these contained, and sold, therein have and conveyed, granted, Too- said Daniel H. sell, do and conveyyio presents grant, executors, heirs, Halstead, and William Daniel good, Tyack, and administrators, full liberty and and exclusive right assigns, n derived vending the said using, making, within made, sold, used, others the said to be improvement, and to America. -To United States throughout in any hold and' all the which may and benefits privileges enjoy letters the said pa- arise from virtue way irñprovement by tent. H. Toogood, And I do the'said Daniel hereby empower admin- heirs, executors, Halstead, and William théir Daniel Tyack, istrators, commence and to final judgment assigns, prosecute cost, or suits execution, any per- at their own suit against make, use, the said son or shall or vend improvement, -who persons law in such to the intent of the said contrary letters benefit, the receive, case made and and to for their own provided, avails such manner as I do. thereof, in might “ seál,' whereof, In witness I have hereunto -hand set.my one of our Lord thousand sixteenth day May, year hundred and -eight twenty-nine. EMMONS, URI [seal.] Áp “Witnesses,— Thomas. Thomas

Alex. Dedder.” York, : New ss. County City on the remembered, sixteenth day May, Be it be- Lord one thousand hundred eight of our twenty-nine, year Vn to be Emmons, Uri knc to me me, fore personally appeared in, deed, and ac- executed, and. who the within described person therein that he executed purposes knowledged .same alterations, erasures, no mentioned there material being I allow same to interlineations, be recorded. THOMAS, Commissioner, fyc.” THOMAS Strong, 1829, November, mutual deed following the 28th On was executed between Woodworth and Emmons, Halstead, on the Toogood, one Tyack, part, which Woodworth and Strong Toogood, convey part, all their interest in the December Halstead, and Tyack — In 27th, county city followingplaces, namely: ; in the in the State New York State of Maryland, of Albany, the western which lies west Blue Ridge except Alabama, Floridas, Tennessee, Carolina, Georgia, South SUPREME'.COURT. Wilson Rousseau ®. west Louisiana, Missouri,' and of the territory and Mississippi; Halstead, and Toogood, Tyack, Emmons-conveyed Strong

(cid:127) all their interest 25th and Woodworth Emmons’s of patent April, and' of the which for rest residue United States by deed of mutual parties agreed, any improve- alteration, in the renewal of ment either machinery, patent, alteration, or renewal should accrue to the ben- such improvement, and and interest, efit might respective parties applied within their districts. used respective Woodworth, Halstead, Deed between Strong, Toogood,-' Mutual and Emmons. Tyack, ££ William Woodworth, these Know all men by presents, York, now of of an method New improved city patentee &c., boards, &c., &c., grooving, plank, planing, tonguing, States, 29th, 1828, dated letters from United December patent Hudson, and New James State Strong1, city half of the and York, the of one equal rights interests assignee letters of the one and Uri secured the aforesaid patent, part, York,, of New of an Emmons, the city improve ment in the and mode planing floor-plank, grooving, tonguing, and same, &c., letters straightening edges 25th, States, from the United dated 1829, and Daniel H. April .of the Halstead, Daniel and William city Toogood, Tyack, York, New deed dated the 16th day May, assignees, by interest secured the last 1829, of all aforesaid rights other Emmons, of the in consideration to said part, do covenants -and covenant and following agreements, hereby agree — as follows : ££ First. The said Woodworth and their Strong, assigns, have, Halstead, do said assign Toogood, hereby all their and interest in the and their aforesaid Tyack, assigns, Woodworth, used, to be sold and William plank used, or other be vended and thereby materials prepared — the : In namely city county Albany, following places, York; New State State Maryland, except in; western Ten thereof lies west Blue. Ridge nessee, Carolina,- the Flor Alabama, Georgia, South Mississippi, idas, west of the Louisiana, Mississippi, and the River territory and not in within the United the limits of State place or the thereof. To have and to hold rights States Territories to them and their assigns hereby granted privileges from the date term fourteen during years patent; own at their costs and. are also authorized prosecute, the same manner as said violation charges, any Woodworth, do. might lawfully patentee, ££ Emmons, Halstead, Toogood, Tyack, The said Secondly. aforesaid, have, covenant hereby agree do in consideration themselves <and said assigns, and do assign, to assign, their and interest assigns, and Strong Woodworth Uri Emmons, to be sold the-aforesaid n or other material be used, thereby and the prepared plank rest and United used, in all and residue singularthe vended thereof, in all that is other States, the Territories say places Halstead, to the said Toogood, in those assigned than especially the said as To have and hold rights aforesaid. Tyack, them for and and their assigns during hereby privileges said letters from date of the of fourteen years the term authorized Uri Emmons also they prose said to the costs and violation said their own any at charges,- cutp, Emmons, as the in the manner Uri might same patentee, patent, do., lawfully the two further that any And agree, improve- Thirdly. parties or renewal of alteration, in the either machinery, patent, ment bene- alteration, or renewal accrue' such shall improvement, interest, fit may respective parties applied hereinbefore designated. within their districts as used respective u seals, York, Witness hands of New our at the city 1829. November, 28th WOODWORTH, WILLIAM [seal.] JAMES STRONG. [seal.] WILLIAM TYACK. '' [seal.] D. H.' TOOGOOD. [seal.] DANIEL HALSTEAD. [seal.] URI EMMONS- [seal.] ‘‘ delivered, in presence Sealed Ap Thomas, Thomas Hal- Witness signing Toogood, Tyack,- stead, Emmons.” Under this mutual and their respective parties assignment, : would if claim- assignees following namely possess rights, they for under Woodworth’s to use the same fourteen ed patent, years 1828, that is until the December, from the 29th of 29th of say, under December, ; and if claimed Emmons’s 1842 patent, 1829, from to use the same for fourteen the-25th -years April, until the that is 25th say, April, or the other of these if had re- therefore, things one days, On condition, in the either in the mained patentees rights ceased, far as would have as exclusive respected use thing patented. is an 1836, In an act- which the following Congress passed extract, controversy. and the construction of which was the chief 117, Lit. ed. .357, 4th ch. 5 & Brown’s (Act approved July, vol.iv. SUPREME be it further enacted, And that whenever 18.) patentee § an shall desire an invention discovery extension his patent her i¿ term its limitation, he make may yond therefor, application fprth the Commissioner of the writing, Patent-office, setting thereof; and shall, on the grounds Commissioner applicant’s the sum of dollars credit of forty paying treasury, the case of an for a original cause to application patent, pub- lished one or more of the principal newspapers city and in Washington, such he deem paper papers in the section of most ad- proper, published interested country

versely extension notice application, and of the time and when and where the same will be consider- place ed, that and show appear cause the extension person may why should not be granted. And of State, the Commis- Secretary sioner of the Patent-office, and the Solicitor of the shall Treasury constitute a board to hear and decide the evidence produced them, extension, before both and shall sit against the time and purpose designated place published notice thereof. The shall furnish tó board a ascertained, statement oath, writing, value of the invention, of and his and receipts detail expenditures, sufficiently to exhibit a true and faithful account of loss and man- profit any ner to him from accruing and of if,- reason said invention. And by matter, it upon hearing shall to the full and entire appear board, satisfaction of said due having regard interest public therein, it that and that the term of the should proper just patent extended, reason without or fault by patentee, neglect obtain, his failed to from the use and upon having sale his part, invention, a time, reasonable remuneration for the and ingenuity, same, bestowed and the introduction thereof into expense upon use, it shall be the Commissioner renew and extend duty such, extension, certificate thereon of for patent, making ; the term of from seven and after the the term years expiration certificate, with a certificate said of their board judg- and aforesaid, ment shall' be entered on record in the" opinion ; and the said shall have patent-office thereupon the same patent effect in law as it had been for the term though originally granted And the benefit of such renewal extend twenty-one years. shall and use the grantees thing patented, the extent of however, Provided, interest therein. respective (cid:127) that no of a extension shall be after granted expiration patent term it for which was issued.” originally On the 1839; Woodworth, 3d of William February, patentee, ; died and on 1839, the 14th of Woodworth William W. February, took estate, out letters of administration upon oounty his York. New 1842, Woodworth, administrator, In for William W. applied TERM,1846. v. extension of the under the act of 1836, above-recited and November, 1842, the 16th of on board issued the cer- following tificate. ££In the matter of the of William W. Woodworth, application administrator on the Woodworth, estate of William deceased, in Commissioner Patents for the writing extension for a new and useful method improvement planing, and tonguing, either, into grooving, cutting mouldings, plank, boards, or material, other same to an reducing width and thickness brick, also for equal facing dressing on, or metallic, mineral, or sub cutting mouldings facing, stances, to the said William oh Woodworth, deceased, 1828, 27th of December, day fourteen from said 27th years of December. day “ into the the sum of applicant having paid treasury forty dollars, and to' furnished undersigned statement having oath, invention, ascertained value writing, thereon, detail to receipt expenditures sufficiently exhibit a true and faithful account loss manner profits to said accruing reason of said invention and notice of been given Commissioner of application having Patents, to law, said board met at the according time place ap- at the on the 1st pointed, namely, patent-office, September, and their been continued meetings having by regular adjournments until this 16th of November, 1842, on heard day that they, day, the evidence them, before for and both exten- produced against sion of that, do now' hearing certify, upon matter, satisfaction, to their full and entire due appears having therein, interest regard public just proper extended, term of .said should be reason of the without failed obtain from patentee, neglect having part, the use and sale his invention reasonable remuneration for the time, same, in- bestowed ingenuity, expense troduction thereof into use. ££ Patent-office, 16th, 1842. Washington November .city, WEBSTER, DANIEL State. Secretaryiof CHAS, PENROSE, B. Solicitor the Treasury. of ELLSWORTH, L.

HENRY Commissioner Patents.’ of fol- And on issued the of Patents the Commissioner day certificate. lowing C£ Woodworth, ad W. Whereas, of William upon.'the petition an deceased, for of Woodworth, ministrator of William estate

66a SUPREME COURT. a'l. Woodworth, within to William granted extension of patent, of Board December,’ of .The the 27th deceased, on day of section of the act Commissioners, Congress, under the eighteenth 1836, an act to entitled the 4th of promote day July, approved acts, of hereto arts, all acts useful parts off progress repeal November, did, on 16th of for that day fore made purpose, 1842, extended.’ that the said patent ought certify of therefore, I, Ellsworth, L. commissioner “Now, Henry said in me eighteenth virtue of the power.vested patents, by the same section, said certify do renew extend patent, after term from and for the óf years seven hereby extended Decembér, the 27th of term, of the first day namely, expiration Commissioners, 1842, together of said Board of which certificate been Patents, of having with this certificate Commissioner has now said entered record duly patent-office, effect in law had been granted the same term though originally for'the term twenty-one years. whereof, I caused the seal In testimony affixed, this 16th to be hereunto day patent-office [seal.] November, 1842. ELLSW-pRTH,' L. HENRY ” Commissioner Patents. ad- Woodworth, William W. On-the 2d January, ministrator, filed the disclaimer. following I, come, shall William To men to these presénts whom Woodworth, Park, Duchess and W. county Hyde York, as I am New administrator goods State Esq., n estate Woodworth, deceased, which were hereinafter William .: named, send greeting - letters on the “Whereas date bearing twenty-seventh December, of our hundred and Lord year eighteen day were the United William Wood- States twenty-eight, worth, deceased, .in now the method of improvement planing, for-^n boards, into or either, grooving, cutting mouldings, tonguing, and for material, same to reducing equal, plank, width and thickness brick, add also for- facing dressing on, mineral, cutting mouldings metallic, other Substances. facing, whereas, before the of fourteen the said And term years, n were had granted, fully ’expired, proceedings letters that, had to the act such case made were in. pursuant Congress said were renewed extended letters provided, from, term seven and after of the said years expiration ex- term and to the certificate the said years, granting fourteen renewal date on tension untó me my capacity, bearing re- sixteenth November now last which is duly day past, ’ corded in that behalf, act of reference Congress according 184,6.

Wilson Rousseau et ai. made, as title and hereby interest showing my arid to the said letters patent. whereas the And said "WilliamWoodworth, inadver- through tence', accident, or mistake in his for letters application patent, his made too,broad, claim specification this, that he,' namely, the said William Woodworth, claimed as his method improved of circular saws for application and other -ma* reducing floor-plank terial to width, was not he and first inven ter. original the, And whereas some iriaterial and substantial said pa- tented was thing the invention and justly truly, improvement William Woodworth. “ Now therefore I, know the said ye, William Woodworth* aforesaid, and my capacity whom the said cer- person tificate was as aforesaid, have disclaimed, and do these granted for and for all myself, presents, disclaim, claiming me,, arid title, exclusive right, of, in, or interest property, the ap- circular saws for plicatipn or other mate- reducing floor-plank width, to a rials by,-reason aforesaid letters patent,(arid or extension aforesaid renewal thereof. “ In whereof, I testimony hereto, aforesaid,, my capacity and seal, set on my hand second day January, year- hundred and eighteen forty-three. , WILLIAM W. WOODWORTH, ' ’(cid:127)* jidministrator Woodworth, W. deceased. of of “ Executed irf presence Chas. W. Emesn.

B. R. Curtis.” Marcü, 1843, In Woodworth, administrator, made an as- of his signment in' some rights, States James .of G. .Wilson, At plaintiff. what time the was- assignment made for York, the New record in state, did not but it was case one of admitted facts the. that he was the grantee. first referred was recorded in the 4, Liber patent-office pg. 291» 292, on the 20th March, (cid:127) On the 9th 1843, of August, his administrator assigned Wilson, in and for State Maryland. On the 26th February, the following Congress passed act. toAct extend a An Patent heretofore to Wilkairi Wood- worth. “ Be it enacted the Senate and-House of Representatives'of the United of America assembled, States Congress That granted to William Woodworth on the twenty-seventh flay of December, one thousand hundred and year eight twenty- eight, on the method of improvement tonguing, planing, grooving, boards, into cutting either, mouldings, plank, D VOL. IV. SUPREME

«32 ®. the same to an material, and for width reducing equal brick, ; and also dressing thickness facing cutting n substances, several other facing mouldings description a schedule annexed to letters given granted which patent the term aforesaid, be, is, of the same extended hereby for in, the and after of December year seven from the 27th years day ; and the Commissioner one thousand hundred and eight forty-nine exten- such of a certificate of hereby make directed Patents Wood- of the said in”the name administrator William sion worth, to the original an authenticated thereof copy append ad- the said letters whenever the same shall be patent, requested by his assigns. ministrator “ 26, 1845. February Approved t( from: the roll of this office. A true copy K..CRADLE1, Clerk. R. Chief “ State, 3, 1845.” March Department of was March, 1845, the on of following And certificate . 3td tbe issued. (cid:127) therefore, the directions said act In with conformity, Ellsworth, Patents, L. of contained, I, Commissioner do Henry described, act,' that the therein the said patent is,Jby hereby certify, Woodworth; said Wil- to Williatn W. of administrator extended after the Woodworth, from term years Ham seven for eight one year, December twenty-seventh day thousand extension certificate this forty-nine hundred and is. of William application made on the letters original Woodworth, William Wood- said administrator W- worth. whéreóf, ‘I caused seal In have patent- testimony March, 1845. affixed, 3d to be day office hereunto r LL:.a* i ELLSWORTH, L. HENRY Patents.” Commissioner of ,8th issued, was On new July, parent ,as followsv- specification, amended to all to whom .these The United States pátent America letters come; shall iCWhereas, Woodworth, W. William administrator'of William ‘ Y., has Woodworth, that said Park, N. deceased, Hyde alleged invented a useful Woodworth new and William improvement boards, dressing for planihg; machines tonguing,. grooving, &c., for which dated were patent day granted, letters 27th extended December, 1828, which will letters (as. been ¡the thereto, which of. appended copies certificates appear by hereunto from attached) expiration, fourteen,years said , cancelled on letters are hereby patent.; letters v. aof defective account states has not specification, been which he or used before said known Woodworth’s William has application is, oáth that he and that said was, made Woodworth a citi William States; zen of the United that he does believe said verily was William Woodworth and first inventer or discóv- original that, said not, erer the- hath improvement^ best used; been knowledge known previously belief} has into the paid United States sum of treasury fifteen Commissioner, dollars, , petition presented Patents, a desire of an exclusive signifying obtaining property for that improvement, praying purpose. “ These are law, therefore the said grant, according William W. Woodworth, the heirs at law of said W. trust Woodworth, their heirs, administrators, or for the term of assigns, the., twenty?eight years December, one tw.enty-se.venthday thousand hundred and eight the full and exclusive twenty-eight,’ liberty making, using, constructing, vending, - others to be used, the' said improvement, description wherér. of 'is in the given Woodworth, words of the said William-W. annexed, hereunto and is made these part schedule ' ' presents. u In whereof, these I have caused letters to be-made testimony and the seal of the has been here- patent, patent-office . -i tt - LL* unto affixed. S:J_ hand, Given under at the this my Washington, city eighth “ of our Lord one thousand hundred day July, year eight and of the forty-five, the United independence States America the seventieth. ’ BUCHANAN, JAMES

Secretary of Staté.” with spaled “ the seal of Countersigned, the patent-office. henry h: Sylvester, Corner

Acting Patents.” “ The schedule referred to in these letters' making — : part “ — To all whom it concern: Be it may known, the follow- full, is a ing clear, and exact of the method of description planing, tonguing, boards, or invented William grooving plank Wood- by worth, deceased, ánd for which letters States United were to him on the 27th December, one day year thousand hundred and eight the said letters twenty-eight; been having surrendered for the the same in- purpose describing vention, and it-consists, out what clear, full, pointing more exact terms than done in the was original specification.

SUPREME et Si. v. Rousseau Specification. Amended are to be or tongued, boards which or planed, plank a,width be means circular reduced by grooved are.first circular or other means. When saws, by any reducing-wheels, by n saws should be are for this two such saws. used placed purposé, shaft, on which are to the same be capable they adjust- upon be made to stand distance ment, any required so that may they forward, board or is to be forced these the plank apart; ; do not to the width process required apparatus brought further well to. be understood being, by explained, they .require mechanicians. what has been above When denominated are reducing-wheels cutter-wheels, are consist of used, these revolving resem- and action the in their construction planing reducing ble described these’are be made be adjustable (cid:127)wheel presently for this saws, but the latter are circular preferred purpose. like the a a width on be reduced separate-machine. The plank may ‘‘ have been a or boards thus (on sep- When the prepared plank a on or suitable car- arate they may placed machine), against - on a or so to be acted frame resting upon by riage, platform, - wheel; arid which wheel reducing may rotary cutting planing revolve eithor vertically, made to may'be horizontally board to he which sustains carriage plank'of preferred. rack and means be moved forwards operated upon friction-rollers, or band, geared pinion, endless chain advancing well known machinists devices by any in machines for various or materials be acted pur- carriage (cid:127) towards the cut- or board is to be moved on The plank poses. so that knives, the planing-cylinder, ting edges cutters revolve, cutters, as cut plank its knives' dr may meet it is made ad- direction to that which -board in contrary method, aré, in this vance the cutters edges'pf prevented surface, its and are made cut first contact coming intq from n upwards surface, the reduced -the towards said from plank injury by gritty which means edges protected matter, is more and better and the board or plank evenly planed (cid:127)than in the reversed direction.' when-moved and as After board or planing-cylinder, passes plank soon, or done on fast, as the has its work planing-cylinder with two contáct board or into brought plank,-the edges.are to the cutter-wheels,-one is of which wheels adapted revolving of,the re- cutting and the other to cutting groove, two of the that form When the planing the tongue. bates axis wheels tonguing wheel stands vertically, reducing grooving between other, edgewise are one above the with the plank placed TERM,. 868 v. Rousseau ©t al. them; when the axis of the stands planing-wheel horizontally, other, wheels are on these the same horizontal each plane with on standing perpendicular spindles. “The consists a circular grooving-wheel fixed on an plate axis, and one, two, three, four, having or more cutters, which’are to be screwed, bolted, or otherwise- attached it, the edges which cutters of the ‘project beyond periphery plate distance as is for the required depth groove; thickness be such as ; for its may j width necessary course, so situated to cut the groove middle edge board, or as so as be nearly may required. tonguing-wheel is similar in form to the but it grooving-wheel, has cutters on each its sides,'or otherwise, so formed and as to cut the arranged two rebates which are the formation of the necessary to tongue. “ The at grooving'and cutters, the same tonguing time and by the same reduce the board or to an operation, exact width plank the axis of throughout. When vertid planing-wheel placed the knives or cutters be made two cally, may plane planks time; the same in this case moved in planks being contrary directions, and so as to meet the edges knives revolving cutters. When machine is thus constructed, a second pair wheels grooving same tonguing be made to may ’operate with those above way described. machine to .A operate .a or board, and upon single plank the axis of the having planing- wheel will placed however be more horizontally, simple less to, than that expensive operate intended two." simultane- planks ously. “In the 1 is a accompanying drawing, fig. perspective repre- sentation of the machine principal when ar- operating parts and combined for ranged -and planing, tonguing, grooving; when so as to be arranged two at the capable planing planks time, the axis of the planing-wheel being placed vertically. A A is á stout substantial ’frame machine, which be of may iron, wood or of be size, varied in may length, strength, to the to be according done. B B are the heads work C, and C cutters, knives or which planing-cylinder, extend from one to heads, which peripheries they with be attached of screws. The may by,means knives C C, the faces forming be in a angle, line with planing may placed the. axis, J, of cylinder, stand thereto, as they may obliquely but in the latter may preferred case should form the edge helix; segment b á near portion represents pulley end of the I, axis J upper drum, pulley may horse, made revolve steam, or other motive and from power,' which a.belt éxtend around the tob, drive the' pulley planing- ánd other cylinder which is is the G parts machinery; carriage,, , driven means of a rack represented being forward-by ‘ * vol. xv. d

666 SUPREME et al. ¶. Rousseau

Wilson which to he K, ; this carriage, plank H against pinion, to advance and is made is placed, grooved, tongued, planed, be mov- that the however, manifest, may plank It will be with it. endless chain as, means, example, by forward by-other ed chain-wheels, or means or by band, around drums or passing the carriage it. To cause borne against friction-wheels up geared friction-rollers, be there readily, may to move forward plank them; rollers, under extending ///, horizontally, placed fff, to be made to against are press which stand vertically, die action and thus prevent it close carriage., plank keep its from bed cutting from cutters drawing up plank borne, ; be may against from the surface they planed úpwards machin- well known or in a manner of weights springs, means friction-rollers ists,. the horizontal machine, horizontal In single them to feed above and the be placed geared, pressure-rollers may di- used without the being the board with or carriages, bed-plate rectly planing-cylinder, “ its knives 2 view planing-cylinder, separate Fig. the heads. E E 3, view of one of an end or and fig. cutters cutters, wheels, or tonguing grooving are revolving bands, shafts, their be driven D, may D whirls upon as wheels revolve or’otherwise, so to cause said proper direction. 5 is an wheels fig. 4 of'one of these is a view “Fig. side th_ view of 6, an edge fig- view edge tonguing-wheel; two cutters in each shown with the latter being grooving-wheel; varied, be on these wheels but may The number 'cutters place. The cutters with four. áre furnished .represented they with their edges the sides of circular projecting fixed on plates, said plate. beyond periphery its planing- passes edges plank, planed part tonguing in contact with the above-described are brought cylinder, shafts as that wheels, so which are (cid:127)and placed grooving left distance shall be at groove proper the tongue being the látter sustained against planing- face plank, or otherwise, means of the or so carriage bed-platé, cylinder thickness, to a deviate, must be reduced proper .cannot tongued grooved. correctly (cid:127) and one to, one carriage pair “In above referred .fig. only (cid:127) to shown, of, necessary it not deemed cütter-wheels being similar side, in. those being opposite represent respects. machine, with the axis same plan- Fig. represents on one and intended operate placed ing-cylinder horizontally, frame; B,B time.- is the A A .‘the attach- the knives cutters C, eads C Elank of planing-cylinder; thicknesses of the to said To meet the different planks ed heads'. v. boards, made mov- of the shaft bearings cylinder may work; or able, screws or other it to the means, to adjust so as to raise the board be made carriage bed-plate may and E' are the cut- E plank up revolving planing-cylinder. ters, or wheels, and which are ver- tonguing grooving placed shafts, D, tical. D which them around having upon pass pulleys, or belts bands toI, from the main which a motion drum, revolving be . may given motive by any power. adequate drum, I, Prom the a around belt, L, also pulley, passes b, on the shaft of and it the requisite planing-cylinder, gives in There be horizontái motion. machine may carriage a moved forward rack and analogous by manner pinion,.in 1; in but in instance the represented fig. sup- present plank to be of friction advanced or posed means of one two by paifs rollers, feed of of at//'; pairs shown uppermost,/'/', down, levers, rollers be held which it may weightéd by springs, this, has in been to show thought drawing, such necessary in are of be common.use. The lowermost these fluted may rollers or made on on the un- surfaces, so as cause friction rough der side axles of M M' on the these are plank. pulleys rollers bands, N', lower which are also embraced N which by pass around O, frame, A, on a A shaft crosses the and ^.pulley, which on-it, has T, belt, P, which is embraced pulley, pul- on Q, drum, I; the shaft the main these bands ley, pul- to,the serve to motion un- feed-rollers, as will be leys give readily derstood R R are used guide-strips, inspecting drawing. also for bear- the rollers used for the same place purpose, rollers, or friction direct one vertical, when ing the machine is of' ; edge plank, against its edge may pressure opposite be used to-the when worked in equal the board or weight plank, cutter-wheels,should a vertical One of be made ad- position. it to stuff of different widths. justable, adapt “ and likewise the cútter or planing-cylinder, tonguing grooving wheels, be constructéd manner may represented 2, figures 3, 5, 4, 6, One and hereinbefore described. fully movable, heads of the be made ac- may planing-wheel commodate its width to the width boards or to be plank planed. “ The be respective size, this machine varied parjs may also the may Velocity the motion planing-cylinders cutter-wheels but to answer has been found well in following the;, practice. The cutters, knives or four planing-cylinder,. having bemay inches twelve in diameter, two thousand make may upwards revolutions in a In that shown minute. a machine like fig. in'diameter, main drum, I, be two feet may bemay driven with the revolu- of five hundred and speed upwards tions a minute. The and on the on the pulleys planing-cylinder, SUPREME COURT. cutter-wheels, six inches in diameter. The be should may plank forward the rate about one foot for be moved hundred every cutter-wheel; and, course, the, diameter revolutions which the feed-rollers and turned pulleys- must this result. The of- as to size so graduated produce speed above of this machine some varied may degree parts . . found to work well. above have been described and combination of thus fully “Having parts (cid:127) the machine for planing, tonguing, parts, operation modes shown various boards plank, iit. grooving and made to withoüt be constructed operate changing machine, what is claimed mode operation principle deceased, of William is the Woodworth, the invention' therein as as herein de- rotating substantially

(cid:127)employment planes, rollers, device, to scribed, analogous- in combination with or^any when drawn being up cutting the boards planes prevent surface, or from the reduced Enplaned planed upwards, as described. combination cut- rotating also the And planes the for for grooving, planing, tonguing purpose ter-wheels boards, at &e., one as described. grooving operation, tonguing, also the cutter- tonguing grooving And combination and at one as wheels boards, for tonguing grooving., operation, described. “ either the or the the combination And, tonguing finally, of. boards, &c., with for grooving tonguing or. grooving cutter-wheel described, the effect pressure-rollers the pressure-rollers, boards, &c., ''such steady, in. these being keep operations the boards towards centre the cutters from drawing prevent In cutter-wheels, it is machinery. whilst moved through by is lift boards of the plane the planing operation, tendency to. the rollers but grooving, directly against tonguing up overcome the friction occasioned by is to pressure the tendency rollers. WOODWORTH, W. WILLIAM Woodworth, Administrator deceased. William “ - —: Witnesses Milholland, James M.

, Keller.” Chs. who administrator, show title was The above papers in the suit. record in Wilson, plaintiff the grantor brief,. neither and contained York case exceedingly was New nor the state of and the declaration pleadings pleas, But from the fact of demurrers. statement eighth existence “ facts,, the defendants trace -no title to in which machines from to’ use said themselves to 1846. v. Rousseau JVilson Halstead, and James Strong William Woodworth made by be, the inference must their defence Toogood, Tyack,” title. an showing outstanding was the New York the entire cáse presented following record. “ America, Northern New District States York: United “ States, begun held At á Court United Circuit York, on New for Northern District of Tuesday, Albany, Lord one October, of our thousand day twenty-first yeSr of Amer- seventieth- hundred and and in the year forty-five, eight ican independence. “ Alfred Present, Conkling*. the Honorable Nelson Samuel Esquires.

“James G. Easton. Lewis Charles “ State Pleadings. “ (cid:127) recover for the damages This is an on case to al- action issued William Woodworth, letters infringement leged term of'December, 1828, for the the 27th fourteen day for for planing, tonguing, improvement machinery years, ; which at one letters boards plank operation grooving expended November, 1842, .of were, on the 16th day seven to William more, such extension W. being Wood- years worth, of said William Woodworth. as administrator “ declaration, the defendants To the first count of the plaintiff’s bar, to each of which three several 'interposed special pleas demurred, and the defendants demurrer. joined pleas plaintiff declaration, the defendants To the second count of plaintiff’s demurred, and the in demurrer. plaintiff joined term, on to at this The case following coming argued — decision, occurred wit: questions act Whether the section eighteenth of of the ex- authorized the on-the extension application patent administrator, of a deceased ecutor patentee. “ section Whether, eighteenth force and 2. operation “ of An act 1836, of the act entitled 4th, promote July arts,” of the useful extension William- &c.‘, progress granted November, 16th of W. Woodworth, administrator, day as on 1842, under the inured'to the benefit of original patent assignees, December, of Woodworth, day William on the 27th 1828, or admin- benefit of inured to the whether said extension only, istrator in his said capacity.- second “3. in the Whether the extension specified foregoing samp to whom the inured the benefit of the administrator point SUPREME COURT. 670 ¶. Rousseau ; and to him thát capacity exclusively whether, was granted,' contract of made assignment territory specified as and James Strong Toogood,'Halstead, Woódworth William November, on the of set forth 28th and Tyack, day (and of defendants to the first count of the second declara- plea covenants contained said legal tion), operation inured to contract, extension of the said Too- said the.benefit Halstead, assigns. Tyack, good, undér the extension 4. Whether .claiming-title u plaintiff, administrator, can an action for an the. maintain infringement in the contract of within fight specified territory patent Halstead, and Tyack, against any Toogood, person assignment under said or whether the said not claiming assignment; baf to-the ’s suit. of itself plaintiff be perfect the extension could 5. Whether specified u second.'point Woodworth, William W. admin for and obtained be applied deceased, Woodworth, William if the said istrator of William lifetime, had, his Woodworth, disposed original patentee, then at the time his existing having, patent, interest in, the said to, or title or interest death, original no patent; right - carried with it the term of süch sale nothing or whether beyond and, not,- if it said original any contingent patent; whether did - or his remainéd representatives. rights an of an ff he be exclusive 6. Whether assignee plaintiff, u machines within town to use two of the patented enable him to main has an exclusive as will Watervliet, - an within said tain an action infringement patent town must be action, to maintain such whether, plaintiff possessed, of all the rights original that territory, patentee. (cid:127) the letters issued to William “7. Whether renewal patent Woodworth, aforesaid, as administrator the 8th W. day draw-* 1845, the amended specification explanatory July, upon filed, in law or whether the same then and valid good ings void, uncertainty, claim, ambiguity, multiplicity cause. “ determine, as matter of law, 8. -the court can Whether upon and their two patents respective inspection specifica- 8th of not for tions, said new July,-1845, patent invention the said 1828 was the same for which granted. Commissioners,,who of the Board of 9. Whether the decision for the of a are to extension determine upon application is conclusive under the section the act eighteenth case. of their to act question given jurisdiction of Patents can receive the Commissioner lawfully Whether and issue a surrender for a defective letters specification, letters after the an amended specification, expira- new patent upon tion, of wás the term for which the granted, original 671. 1846. et v. Rousseau Wilson ; or of sevén of an extended years existence term pending time made such surrender and renewal hemay whether extended term. during such “ were of the opposed. On which' questions opinions judges H. William of the on. motion “Whereupon, plaintiff, which Seward, counsel, his that the disagreement, points .on. under the direction stated term, hath be during happened may, court to the and Su- certified under the seal judges, Court, to be decided. finally preme “ and It that the is ordered state foregoing pleadings, the direction facts, which is made under statemént following the certified, plaintiff by — according request .judges, law in wit: counsel, his that case made provided, machine, Woodworth, “1. the inventer of William That grooving tonguing, improvement machinery, planing, December, on boards and at one the 27th day plank operation, govern- to the the year department applied proper on the same invention,, ment for a for said day, and' drawings, filing with the specifications explanatory complying, letters signed by other legal prerequisites, patent, President, States, and under the seal the United were duly n to the Woodworth, said William to him the exclu- granting issued States, use, the United right, construct throughout sive others, used,- machine or to be improvement patented, vend for the term of fourteen said 27th during years day .from December, 1828. November, wit, day 2. That subsequently, 28th 1829, the Woodworth and James had Strong, William who spid se- become' interested v/ith said rights Woodworth jointly letters of that cured date, said contract of assignment Halstead, to Daniel H. Daniel. Toogood, transferred all their and interest in to the said William Tyack contract, of the United certain States parts portions pf forth, set and county Albany, specifically including city \ efendants. York, the State of is the domicile of the New “ 3. That the habendum contract in said is. — words to wit: following, “ ‘ To have and hold the hereby granted, rights privileges v for and date the term of fourteen during years patent’’ And that the of assignment third clause said’Contract — words, to wit: following n <‘ m ‘And the two further that any agree, improvement parties im- or alteration or renewal of either patent, machinery, renewal, alteration, or shall inure benefit provement, within interested, and used respective parties their applied districts, designated.’. as hereinbefore respective SUPREME COURT. v. Rousseau al: of the fourteen lim That previous expiration years’ u Woodworth, died, of said William itation patentee, W. wit, on the 9th Woodworth William February, of and the es duly is, was now administrator thereupon appointed, Woodworth, Woodworth, the said said tate of William and that lifetime, in had sold all his interest in the original his patent. said “ aforesaid, Woodworth, 5. That William W. administrator as 1842, November, on the 16th of the eighteenth day section 4th, 1836, of act of of the Board Congress of July applied extension of said section said Commissioners created the for (cid:127) in with said section that, the patent; upon complying requisites of said said board an extension was granted by prescribed, patent the of Woodworth, W. of estate William administrator Woodworth, November, 1842, on said 16th of William day him, of were on said issued to extension duly

.letters day patent exclusiye him, in his aforesaid the right granting capacity, invention or used, others the said use, make and and vend to and after the term for the of seven from years term improvement, (cid:127) of limitation said of original patent. tc 1845, on 'the the said William W. 6. That 8th July, of day Woodworth, aforesaid, in ac his as administrator y capaci of cordance with of the thirteenth the said act section provisions 4th, 1836, of of Patents made surrender the Commissioner July November,- 1,6th of on of the letters to him patent granted day for an which said 1842, orig of specification upon insufficiency issued, inal corrected amended was filing patent an of which is drawings, specification, explanatory copy of this the said statement, nexed made a Commis hereto sioner, on said 8th of issued to said William day July, new of the un W. letters said invention for patent Woodworth thereof, term of the and of extension first expired extension day act of on 26th granted by Congress February, special ' n Í845. .. .. .. action erected and 7. That defendants this put Watervliet, in the town which is within county operation, machines York, one or more State Albany planing, New substantially boards- tonguing, grooving plank, the- and mode of as that subject principle operation to William Woodworth. a title themselves “’8. trace no That defendants io William Wood- made use said machines from the assignment Halstead, and Tyack. worth Toogood, James-Strong 9. That action is the-grantee .William plaintiff to construct Woodworth, administrator, W. exclusive ma- used, two of use, patented saic} vend others to be Watervliet, chines Albany within said town county New State of York.” TERM, 1846. Rousseau, ». Seward, Latrobe, and case Mr. Mr. Mr. argued The was n two latter on behalf dividing points), Webster plaintiff, (the for the defendants. has beeh Stevens, and Mr. kindly reporter .The with the of these limits furnished arguments gentlemen, extenso, and he to take is'unwilling permit publication them. condensing responsibility the court. delivered Mr. Justice opinion NELSON before on in this case come' us a certificate of The questions of the United Circuit Court States division opinion York, the Northern District of-New involving construction act Congress progress various promote provisions arts, called act. Wé shall'examine of useful commonly in the order in on record-. the questions they appear —: first is as follows section of act of 1836 Whether the authorized eighteenth ad-, of-.a executor the extension application deceased, ministrator patentee. in substance, that whenever section'provides, eighteenth shall of an invention or desire extension any patentee discovery limitsftion,;he of of his the term its make ap pátent'beyond therefor, in1 to the the Commissioner of Patent- writing, plication thereof. of office, forth the That the setting grounds Secretary Patent-office, of the and the of State, the Commissioner Solicitor d board to hear decide the constitute the shall upon Treasury to shall the a "statement in the board patentee application; furnish invention, and usefulness of the oath, value writing, to exhibit a his detail of expenditures, sufficiently receipts manner, of accru faithful loss and any true and account profit'in if, reason of the invention a hear from him ing upon it of matter, board, shall to the satisfaction the appear .ing interest, that it a due regard public just proper having extended, reason of the should be the term patentee,. obtain, failed to on his having without fault neglect part, invention, a remuneration for use and of his the the sale reasonable same, the the in time, bestowed upon expense ingenuity, the of commissioner use, into it shall be thereof duty troduction the a certificate thereon of making and extend the renew <=v term of seven from and after the for 'the years such extension term, of the first &c. piration section, so of far as is material is the substance This seen, that, according and-it will be of consideration question of be made by, the words the application provision, hence the to, himself, new term to be granted patentee its administrator. of been having account objection is, that the relied on to The main objection argument support term at had no of the extended right interest property 3 e rv. vol. SUPREME v. Rousseau his death.- That all the time of had was a'mere possibility, he. too as remote contingent regarded property, be. law, of the sense of the and therefore not as- right property, of sets or the hands the administrator which would au- rights statute. thorize an within the of meaning application is, that law, At common the better right opinion, probably, of to his of the inventer invention discovery passed property consent; it was his from him as soon it went into use with as public common then been dedicated regarded having public, .to all. common of úse and enjoyment property, subject to. inventers, and to of act of for the encouragement Congress useful, of arts, and for purpose promote progress , ,or rather want of protection, remedying .imperfect protection, term,, him, for a this has secured limited species property, the full and exclusive discovery. enjoyment and char- all the The law has qualities thus-impressed upon ; and has enabled acteristics for the specified period property, as in case of with it the same to hold and deal him and on his death him, pass- belonging description property estate, of his to his es, with the rest egal representatives, personal and becomes the assets. this have not to the inventer absolute secured Congress of the invention and indefeasible in thé subject interest property certain con- fourteen but have also agreed, years, this shown, before ditions and to be expiration ocpurring commissioners, an indif- of a board the satisfaction period, right ferent tribunal designated purpose, property further term of seven years. continued for the shall be invention condition, second term to this property Subject intent, to' extent of the as the is as property perfect, £n;st. oc- and the rests, which the condition The circumstances upon the further grant currence of which effect and gives operation difficult to be uncommon, or no means government, shown. have often to inventers They happened course Congress with this act. species dealings property. and has therefore their occurrence provided again, contemplates and right the interest further and enlarging security protection, of of invention. in the property subject of the The is the government founded provision upon policy arts, the useful and the encourage genius, promote progress,of of the right the out an inducement to enjoyment additional holding iti- to' the act of term an first and as justice secured the in bringing for the and bestowed time, venters ingenuity, expense to the business value of incalculable out the discovery, frequently the therefore, unless And it of the is interests country. apparent, of the take the is place or administrator executor permitted 67& TERM; death, of his and the in case make grant application patentee of of, term, which the exclusive continues the second enjoyment of invention, the the statute of the will object right property defeated, a valuable of intended be se- and property, estate. cured, lost is the idea of a conferring The not founded statute upon mere individual,’as a mark of dis- and reward gratuity personal upon would terminate service, which with his for a tinction public great interest of death to him an enlarged but of awarding secure itself, tojiim, with a view to with in the invention property And and reasonable a fair remuneration. certainty, greater secured, of thus whatever that extent of this further right property, as it is the same and character that held of maybe, description nature, In its for the first term. under the patent enjoyed therefore, continues, with, to be dealt after decease first, an interest under the with as passes, patentee, him, belonging rights personal repre- property of the of the estate. sentatives, effects part seem, therefore, from the nature this interest It would a itself, an as well as from consideration extended term ob- face, statute, its upon ject plainly expressed purpose of this protection providing prolonged enjoyment well that the of Commissioners Board were species properly, administrator, the renewed making upon warranted grant -his the conditions. complying conclusion, grounded An has been tins against argument urged law. and thirteenth sections patent the tenth terms for the issuing patent former provides express be- administrator, of the inventer in case of death executor out; and the a surrender latter, it is taken fore for. reissuing defective reason description, insufficient cases, These be analogous new one. supposed that, without express provisions manifest the sense Congress, other, case, one surrender law, to, legal could not be made representative. be issued by, to considera- entitled one, is no doubt a argument proper ;' tion conclusive. necessarily the executor or for a surrender by As respects provision hand, we administrator, which is most analogous question that the would exist rght no doubt think there could be great had to the being authority, regar*, absence such express rep- and duties legal rights nature property, It law. resentative, within the spirit object interest and the legal property be the would surrender assets, he in him in which had vested become ; a step waste of, against was bound to care protect take value to title and property noeessary give perfect SUPREME COURT. al. v. Rousseau

Wilson et the line within of his to be would seem directly duty, law, chief of the to secure object namely, in furtherance of to meritorious inventer. remuneration executor administrator has also been could argued, It of the section, conditions eighteenth with not comply term^ extended term is in the made to which the property upon words, would be unable to furnish In other that he to depend. a Statement under oath of the usefulness Commissioners Board of. of the invention, and of the receipts expenditures true and faithful account of the loss exhibiting patentee, of, añd reason from, manner accruing the invention. profit fact that as matter'of well be This assumes argument of, of the dealings patentee denied. subject Suppose on been carried through instrumentality his discovery not, clerks, or,, himself, if that the patentee business agents has account of his do, accurate kept usually receipts men once account- difficulty disappears. expenditures, Union, of the of a deceased books States party, many are received as- evi- handwriting and the legal identified proved, courts afford dence of the demand full au- justice, for the admission of the books before thority, upon legal principles, board, We no in. the application. perceive great support section, terms .the compliance substantial difficulty in. or administrator. on the executor is, Whether, force The second question operation to, referred extension already granted eighteenth section administrator, 16th of Novem- Woodworth, W. on'the W. day to the benefit of ber, inured assignees original pa- on Woodworth, William the 27th tent Decem- day extensipn said ber, 1828, whether inured to the benefit administrator his only,.in capacity. has the consid- The most of- this section been recited in already it. will be eration the first repeat and:it question, unnecessary It for the commission provides application for seven a board an extension of the patent years constitutes ; and ex- if his hear decide application receipts upon from loss and accruing showing profits penditures, him the. establish, invention, on account his satisfaction the. shall board, pa- should be extended reason his tentee, failed obtain having without any-fault part, the use and of his invention remuneration sale & reasonable the in- time, same, the' bestowed expense ingenuity, jt'sháll use, troduction it into be the of the commissioners duty “exten- thereon of such thé same a certificate making extend from, term and after the first sion for the term of seven years in law the same effect thé said shall have parent thereupón term ds it had for the of twenty-one been originally granted though “—: And then comes the And clause question years.” extend to such renewal grantees shall benefit extent use in- the respective thing patented, therein.”' terests to the certified the answer second depends upon question the of the as- true construction above clause rights respecting and signees grantees. have been to it given Various and conflicting interpretations by counsel, on to different and the learned the argument, leading op- it results, which will be examine. necessary posite side, it has been that On one strongly argued, legal operation of the clause and and interests and effect save rights protect the. , and time of the assignees grantees patent existing extension; and thus secure and use and en- continue exclusive these and for the seven interests rights years, joyment extent, manner, and in as add held ample enjoyed if A. an of the first term. holds That moiety if will hold for the new-term seven he the same years patent, then that And the whole whole interest for period. patent, interest that soon as the new is made to grant patentee,'the clause, of this of the therein passes, operation assignees term, in old their shares. proportion respective side, earnestness, On the it been with has equal argued, clause, that, the true effect of the construction 'according and legal and and is intended be rights given, given, only protection and and held assignments interests assignees grantees acquired or new term from the in and under the second grants patentee does affect the to, embrace, it not refer or and that any way and interests of under the old. holding fights assignees grantees „ view, it connection with that the thus fights In is said pro- the new term means of the legal tected may acquired by clause, either from a direct assignment grant operation of the after patent, appropriate provision extension extension, to an in the assignment that contained looking purpose, grant un the old. denied, that has been that, It not to view upon clause, or that be taken of the its true meaning legal taken ; and, all, cannot be asserted with entire confidence after effect can as the court best give, construction must depend upon a due obscure having regard doubtful legislation, phraseology from the and intent of as collected to the great Congress, object law. context and general provisions policy that, "caseof obscure settled, is familiar and well The rule of the law-makers intention doubtful words or phraseology, context, fix in order to. be resorted if discoverable fiom the to, if it, control só as to reconcile meaning possible, of the law. general policy *3 E SUPREME ah v. Rousseau renders the Now, die serious difficulty way, the most inadmissible, explicit except upon first interpretation at once whole is, words, object subverts. positive written in line of enactment, every as is plainly purpose It gives grantees section. previous part term, the under the old as far as assigned exclusive — — th¿: in. invéntiOn the ex- monopoly enjoyment ; when, the sevén the same provision, tended term for years tó to die it was be secured intended patentee clearly appears time, as an additionál remuneration for ingenuity, expense it into out the use. introducing bringing discovery, public that have no this remuneration to claims parties peculiar It gives or. the and takes it from those who upon government public, have. confessedly whole section turns structure eighteenth end this additional compensation idea affording protection alone, and hence the reason for insti- to the. patentee,'and extension, ascertain before grant tuting inquiry to realize a reasonable not he failed remuneration whether or has — n of the of ah sale and use ac- discovery, from the production and loss to board to determine the enable cotttit profit ques- conclusion, or as it comes to the the other to ; tion and one grant or not. term the extended therefore, all in obvious, that hád not at view Congress, It' is That their condition on to account deal- assignees. protection invention, or otherwise, of the whether successful subject in the ing of that nof reason not in mind can be good was ihe body, any been. why should have given invention, of the interest in the and had portions They purchased as a matter of business and dealt with the rights speculation to or the relation and stood in no different government public, . of life. in the common affairs than other citizens engaged of a the most and ternis statute short of positive Nothing fixed so whole could an repugnant scope justify interpretation it, and wise legislation. to judicious

policy necessarily by We think this construction lan- required and is clause, altogether'inadmissible. guage ,as that the clause to namely, the second interpretation, Then interests to, includes, grantees acquired refers from the term, grant in either an or assignment the new by aof clause for that extension, after the virtue proper purpose,- in the the old term. under assignment in the uselessness construction lies The attending difficulty — the failure discover any the clause hypothesise, upon and effect which to reasonable give operation upon subject-matter — make the clause it, is hence, construction adopt TERM,-1846. . ®. Rousseau for which conclusion we will letter, a dead grounds virtually to state. proceed that, act every provides, pa- eleventh section the. interest, as to the whole law, in either shall tent be assignable, (cid:127); which an in thereof, writing instrument as- undivided any part exclusive conveyance and also every grant signment, in the be recorded &c., shall patent-office. under any patent, suits to be brought authorizes the fourteenth section Arid for an b bfringement rights, name grantee, assignee court of law. a found general patent system One of these provisions object from assignee grantee the interest separate and make each be held fractional' patentee, separate; interest held under the distbct patent. mere, interest, a so into words, to legal title change equitable iri a court-of law. with be^dealt ifcmay it is difficult Now, in perceive view these provisions, as it as- rights clause respects question,

.materiality and under an assignment grant held grantees signees and interests term, the new more than like respect rights in and under old. sections embrace every assignment The eleventh fourteenth invention, óf or the whole the interest grant iri the same as the it, deal these respects, enable parties term, under the new stand footing, They patentee.. can the old. as in the case of former ássignments Nothing the clause by referring be It satisfy clearer.. is-impossible could, or to see Congress it to these assignments grants how. moment, necessity have that there would imagined á as clear It would been clause, in this it. aspect work can supererogation stated- . faVor of the tbs necessity color for the argument it, we are clause, viewing respects m in which the aspect term, derived provision interest in the new contingent extension. As the one, looking under the old till the oc- contract, at least contingency rested right necessarily after its occur- whether, even curred, doubt there be some may the effect to had rence, change fourteenth sections and eleventh ;. at dealt with law interest, a so that it could be it into vested legal would be re- from the that a or and grant new-assignment To in a court equity. v/hich could be enforced quired, this only — some for the sup- there be some color argument, extent clause. and matter to effect give operation posed or ? the clause creates of it But what Not that is the amount term, in for that the riew depends secures this interest contingent alone, the contract and upon contract between parties, of the law and which, respecting even if the general provisions SUPREME v. the effect and could not have to assignees grantees the rights in a court into a be enforced legal might ..equity. right, change to effect, therefore, in assign- respect only provision be, to the nature of this would change and grantees ees description from a interest the’ event right after the contingent happened, interest; or, to to a vested legal contract speak resting the nature of the interest to a doubt about more remove precision, of a term, contingency, new after the certain happening to be the This seems which itself was remote. event quite and able counsel of the effect even whole that ingenious amount It to the clause. have succeeded in' finding, satisfy presupposes term, in the new looked to this of interest that scintilla Congress it, not and cast about to occur, which might provide might character,- and and of doubts as to its nature fear true legal it. the effect of general system upon con- before We cannot but'think a court should hesitate giving in its and to so harsh the clause unjust struction deeply conse- and and individual rights both as it quences, public respects interests, so narrow foundation. - construction. there are other difficulties way But section, assignees grant- The eleventh regulating rights “ .ees, &c., at law,” shall be assignable every patent provides, “ also which grant conveyance assignment, every to to use, make grant right any patent exclusive use, within others make thing patented throughout be &c., shall States,” of the United any spéclfíed part portion recorded.” think, we examination Now it be from very slight will apparent, that it' does not embrace the clause assignees in question, all; section, nor in the the eleventh at the sense of grantees, inter- these sense in referred when are speaking words law, without ests under the interpolating generally it. those forced construction giving composing very “— And the benefit of renewal as follows: clause is to use of -the right shall extend to assignees grantees thing therein.” , of their interests the extent fo respective patented, “ exclusive,’’-"used to word will be seen that the It qualify section, and, indeed, when of a eleventh right grantee always “ make,” referred to in the and also words law (§ 14), use,” and to are so that others to grant dropped, make there terms, grantee, no exclusive right — — whatever, no clause, all, no right secured ; in the thing patented make or to others make use grant "And we is,' or vend. no exclusive -to make words, obvious, think, from the connection phraseology, quite intended were placed, placed, grantees (his We should scarcely the same footing. respect,-upon /1846. v. Rousseau Wilson ,to as to a more this term enlarged meaning in the giving justified class, the one than is sell, as it to and given make respects to. right in used as correlative .the others, always the The clause, them. of the interests la.ws, to held the extent benefit, the terms, to limit reser- therefore,- in seems studiously called, or from new be under vation, grant whatever it the an exclusive patented right naked to use the thing to the right all, nor that, denote right which might even monopoly, ,'have and seems to exclusive, to make vend. much less That We do not remaining omitted. forget been guardedly interests sentence, therein,” “to respective extent we see out the But is relied to difficulty. nothing which help it, effect to inconsistent with in full necessarily giving phrase,, The exact words. meaning plain previous idea.-intend- observation; but we think to it ed to be be expressed may open in that far from court reservation holding, grant justifying in to use a well known and use at general of a right thing patented, it; to and use and not time, means an exclusive make right an to others the but exclusive right right only'this, grant to: * it,- use an it. make and exclusive vend right meaning in asked to court build hands monopoly up complete grantees con- assignees thing patented, judicial use struction, founded it upon grant right simple extent of interest for the comes to this possessed argument we are A to use asked-to right given, complexion. simple an read an exclusive and not read it exclusive right, only-to use, vend, exclusive make patented article. seen Recurring it will that Congress, grant- patent law? of this have deemed it. ing monopolies description, necessary use must be in different very language. grant terms, the .full and exclusive right liberty express to confer order vendirtg,” privi- exclusive making, using, when' is also used act leges. of language speaking . The hands of portions assignees grantees. monopoly 14). (§§ We if intended to think, therefore, cannot but had Congress confer á assignees article monopoly upon, patented in all such clause the usual grantees by fprmula question, observed, would we have been should grants defeating that 'to the intent, . their violence lan- understanding as-doing as well guage, magni- to sanction uphold rights privileges tude force of mere construction. judicial We therefore, has no reference conclude, the clause and ex- the new rights interest grantees — term, tended the ground, upon ' widest con- 'Because, view, words the giving ' vol. iv.

SUPREME v. Rousseau et. clause, or there is struction, nothing satisfy it; can be becomes vir- given substantial effect operation and work letter, legislative superfluity; a dead ttíally and reasonable in a true clause Because question, the 2. to the grantees does not vest interpretation, operate whatever, in the ex- exclusive named therein with privileges to or cannot be construed as term, relating and therefore tended in the sense of the law. such interests embracing section is a new of the under the eighteenth The extension in- in the of the right subject the exclusive monopoly grant All the of assignees grant- rights vention for the seven years. of the or to a in a share ees, specified portion whether the end the fourteen it, terminate at the'territory held the in new the. grant. and become reinvested hy patentee years, “ the full and exclusive is date again From that he possessed others to the and vending inven- making, using, liberty right of the Not be. tion,” monopoly whatever it only portions may commerce, of trade and as held grantees subjects by assignees the throughout country, pur- or machines but articles the patented' life, affairs of in the embrac- use business chased for practical latter of the extension. This class the ed within operation the new the exclu- are reached grant grantees assignees sive machines, to thing use the patented. right Purchasers (cid:127) time, are disabled from at the in the use and who were them in became vested exclusively as that right further use"immediately, invention are the vending prohibited by Making patentee. of his terms grant. corresponding to this in with reference the clause Now, question if we read it will much of difficulty attending think that state of we things, flie would section, the part disappear. By previous make, use, and vend to the exclusive right become reinvested with and was so follows, in ; the clause question thing patented The textent, is the what question. To intended as a qualification. “ to shall extend as- of such renewal is, benefit And the language to to use the thing patented, of the right and grantees signees think, we naturally, interests extent of their .therein” respective article at the in the use patented who those pointing were to them that or save to restore renewal, time and intended ex- .again have been vested clause, would which; without the right operat- of the section -The previous clusively patentee. well use, as to the exclusive in terms vest him with right ing words, in remarkable vend, is make there nothing'wery a cer- respect the right thereby qualify intending legislature others to all patentee, tain "class only, leaving right-as to this class. extending the renewal benefit speaking use, to. and there- with whole right The renewal him vested if intended there no language, pro- fore is great impropriety ®. renewal. them in terms class, the benefit by giving tect this ” “ means view be said thing patented Against v. as held Kingsland, invention discovery, McClurg ” what, is use the 202, and that the right thing patented How. is admitted, That terms, is the clause. provided found, here words, as used in the connection right simply not the exclusive which would right, to use thing patented, not to refer machine and necessarily patented monopoly; that the indeed, in that sense .; and, it is expression the invention law, when tak- is to be understood throughout generally use, in contradistinction to the en in connection with right to make and sell. right ” is the is invention so the thing patented machine invention, be- and to use the machine is to use thing patented, and in to which exclusive invented respect cause it the thing secured, also as is held McClurg Kingsland. used as machine is'frequently equivalent “thing patented doubt; for the no well as invention! discovery, patented,” exclusive connection with the make when found the vend, invention, in the- means the of right always .property use, in with the But when connection .to simple right monopoly. the another, in the to make and vend use. right being right exclusive machine, in a the the results thing necessarily right .patented use Then, more. as to the to the extent of their nothing phrase therein,” that refers to enough interests obviously respective in the right interests connection with thing .patented, use, be' machines, . in means .their interests the simply patented in. that or more time of extension. interest one at the the clause, it effect This -view the down brings practical which use of the machine or the operation persons patented the the clause machines the time of new is strengthened grant, the is, “that no extension-of following,-which immediately shall be term for which it was after the the granted' expiration YjThat ? is Obvi- issued.” originally provision object the which occur the otherwise ously, guard against might injustice to. who the the -had person gone-to expense procuring patented article, or his business faith changed dealing upon using would be with after had which arrested it, monopoly expired, n To of the new avoid this the. it grant. operation consequence, that must take before place provided expiration extension if Now, at all. it would be somewhat remarkable if the been thus careful of a class of who should'have Congress had persons with .to the themselves gone merely expense providing or as a trade,- for use after article matter patented had and would ceased, monopoly exposed disappointed b.e (cid:127) renewed, loss if it was at the time .had again .overlooked who class in addition to this business expense change of. SUPREME had from and were in the use and bought patentee, it machine, be, at the whatever time of might enjoyment the renewal. These are in and we think provisions juxtaposition, are but of the samé looking indi- parts policy, protection vidual citizens from on account of any special wrong injustice of the new operation grant. than different construction the one' consequences tp courts, to be when proposed given always regarded with For two a statute doubtful between dif- dealing meaning. ferent resting ambiguous interpretations, upon expositions judicial that result in what re- involved will bemay which phraseology, ¿s nearest to the intention of the should garded coming legislature .be ' n preferred. too, We remember, must that we are decis- dealing us, ion of the case before that involved particular though with, a tó the interest inquirybut general system great practical ; and our it is the effect of decision country operation its' chief system importance, £ives .of section authorizes the renewal eighteenth patents where cases of Commissioners is satisfied of the Board useful- invention, ness of the and of the of remuneration to the inadequacy Inventions of merit are the of the new patented. subject confidence, such as have had the and which it grant; public may another, have entered one into the presumed largely,- way business affairs of life. Commissioner Patents By five report appears, — and two were hundred issued for the last patents year number, fourteen issue exceeded this years, average —and yearly articles, to be embrace found common use in every department of labor or on the art, farm, These workshop, factory. have articles been from the and have into purchased gone patentee, n But, common use. if the we construction against been should the moment of either contending prevail, renewed, arrested, article is the common use is exclusive It is true the owner grant patentee. repurchase úse, and doubtless would be necessity compelled he discretion or is left A construction patentee. caprice evil, with unmixed such and such leading consequences, fraught we must sátisfied, be never was contemplated Congress, by should be unless the most adopted compelled by express of the statute. language positive is, The third certified whether the extension question' administrator, on Woodworth, to W. W. as 16th patent November, 1842, inured the benefit óf the administrator ex- or whether, as to certain the contract' clusively, territory specified-in assignment made W. Woodworth James Too- Strong by Halstead, November, on the 28th good, Tyack, 1829* TERM, 1846. v. contract, in said of the covenants contained operation legal by Halstead, of said extension-inured to benefit Toogood, n ? or their assigns Tyack, tyas out William and took original patentee, Woodworth ; December, of. 1828 and after letters on the con- 27th patent' .soon to James One-U.ri of the same Emmons Strong. veyed moiety machine on the 25th of also obtained a similar April, patent all his same to .1829, soon interest Too- after conveyed Halstead, . With a view to avoid both litigation, Tyack. good, other their interests each assigned respect- mutually parties ánd to different United States separate-portions ive-patents from Woodworth and and in the Strong Toogood, Halstead, entered into covenant was following Tyack,'the by the two that And further im- parties agree, parties.' either, alteration, or. or renewal machinery, provement inure alteration, or renewal shall improvement, interested, and may benefit parties .respective applied respective districts, before used as herein within their desig- nated.” ' into, was At time this covenant entered there no.provis- was laws an extension or- renewal of ion authorizing of fourteen The first act beyond original term years. 1832. time,-the for it was Before this passed July, providing mode of term was beyond original"grant prolonging by n - acts individual means applications. private upon Congress Circuit Court construction been A: Jhad given 1824, as "which States, in New York, early United on account of a defective surrendering speci- patentee, fication, a new be entitled out would. patent correcting take defect, which construction afterwards was. upheld by court since Peters, and the Grant ingraft- Raymond, principle law act of ed into that the The court should question the’.opinion, covenant the, into with a construed been entered parties, háving reference to the known and secured rights existing privileges established under the government patentees general system look the es- that the would naturally purpose parties their several- "of law on the tablished..system arranging subject. of this rights obligations, property description, in.dealing rather he effected might by private than -change any possible acts of Contracts usual- individual Congress application. land, made to the established law ly with reference construed, ’should'be otherwise clearly understood and unless so in this.case If the the terms of the indicated.by parties agreement. more or modification of contemplated rights, alteration oí" w-ethink-some advantageous, Congress, the further -by legislation more to it been reference should specific provision having - t-3 "vol. iv. SUPREME v.' Rousseau-

Wilson et al. inserted in their covenant. The term renewal bemay satisfied by a reference to the law itas then stood. The. sur- patentee might render his one, within,the and take a new out fourteen years; and the term used, was probably, guard against any question be raised as to the might in the new right assignment pa- tent, if a surrender and new issue should become ", The necessary. was a specification accompanying one, patent complicated has been the of much and the subject controversy, necessity surrender for correction and amendment well have might very been anticipated. We think th& view satisfies use term,..and,that of the no right is in the new virtue of acquired or cove-- grant, by nant. The' fourth fifth certified questions opin- the. are-answered ion of the court the first and second upon questions. The'sixth certified :— follows question plain- Whether tiff, if he be an of an exclusive two of assignee use right Watervliet, machines within the town of an. patented has such ex- clusive as will enable him to maintain right an action for an infrihgé- ment of -the within the ¿own whether, to maintain patent that, action, must be thp as to plaintiff territory, possessed, all the of the fights original patentee. The plaintiff exclusive to construct grantee right is. use,'and used, to vend to others to be two of the ma- patented chines-within Watervliet, the town county Albany. The section of the law authorizes any person, fourteenth who is a within grantee exclusive-Tight a-pátent States, throughout United to maintain specified an portion action in his for an own name infringement right. n The comes within terms of plaintiff the section. AI- very n of two though limited use machines within the town, to use them No- other is exclusive. not even the party, patentee, can use á within utider without in territory ¿y fringing grant. — The seventh : certified is as follows Whether question letters of renewal issued to W. W. Woodworth, as admin- istrator, on 8th July, upon amended specification filed, law, then and valid in explanatory good drawings whether the same be‘ void uncertainty, multiplicity ambiguity, of claim, or othér cause. satisfied, court is examination the specification referred to it is certified, that drawings suffi- question ciently explicit, objections full subiect taken to it. will be the cer- answered remaining questions sufficiently tificate sént to the court below.

(cid:127) Order. on the came to be heard cause transcript This for North- the United States the Circuit Court-of. record’from York, on New and on the of points questions ern District were in which the said Circuit Court opposed opinión, judges tp certified court for its were this and which opinion,-agreeably and was ar- of case made provided, Congress act .such counsel; of whereof, On it is the consideration opinion gued by —court, this of 1836 did section of the act au- 1. That eighteenth patent of a extension on the executor thorize the patent application' ' of a deceased administrator patentee. That, force section eighteenth 2. .of operation apt 4th, 1836,'entitled of An the progress,- July. promote .act W, arts,” William .&'c,, of the useful the extension granted-to Woodworth, November, 1842, the 16th of as administrator, day under the inure to the original did not patent benefit..of December, on the 27th Woodworth .to William day inured to the benefit of the ad- 1828, but that the said extension in his ministrator said only, capacity. 3. the extension second did That specified foregoing point administrator, the' the same inure to .the benefit whom was that, to him as exclusively granted, capacity made in the contract assignment specified territory Halstead, and James William Woodworth Strong Toogood, set, November, (and forth in on the and Tyack, 28th. day first, defendants to the count of the declara- the second plea contained, of the covenants , and said- legal operation tion) said extension did not inure to benefit of the said contract, Halstead, and or their assigns. (cid:127)Toogood, Tyack, the. from the title under extension 4. That claiming plaintiff, for administrator, can maintain action an an infringement pa- in the contract of tent within the assignment territory specified right Halstead, against any claiming Toogood, Tyack, person not, of it- under said And that said assignment.' self, a bar to the suit. perfect plaintiff’s That the extension the second could 5. specified ap- point Woodworth, and obtained William W. as administra- plied deceased, William Woodworth, tor the said although of William in his Woodworth, the. had lifetime original disposed patentee, of his' at the time interest the then existing his patent, having ; and or title to death no or interest original patent of said did not the term that such sale any thing beyond carry no remained pa- contingent rights original patent.; tentee representatives. of an That he be exclusive assignee 6. plaintiff,.if an. SUPREME COURT. ah Watervliet, within machines use two town patented an action to maintain enable him will has exclusive right such an town. within said for an infringement patent William W. issued letters of renewal That aforesaid, July, on the'8th Woodworth, day as administrator drawings 1845, explanatory the amended specification upon uncer- are not void for in law and filed, are and. valid then goo.d claim, tainty, cause.. ambiguity, multiplicity involved eighth 8. That' the point propounded question answer: can of law which court does not any question present Commissioners, are to who of the Board of decision 9. That the the extension of determine upon application is not conclusive of the act section eighteenth act in a case. given the' question jurisdiction a sur- receive can lawfully 10. That the Commissioner of Patents new and issue for a of letters defective specification, render after expiration letters amended specification, patent upon and pend- was granted, for which the the term original patent ; and that term of seven years existence of an extended ing time during and renewal be made such surrender term. extended court, this now here It ordered and adjudged thereupon that be so certified said-Circuit Court. Mr. Justice McLEAN. ' , answer court, As from the of the in their to I dissent opinion fewWords, certified, to' the I will in the state, second question reasons, of dissent. my is, the The' whether extension under the of question patent, .the 1836,'to administrator, act of W. Woodworth, William the inured the to benefit the of the of first assignees patent. I had occasion to this case of Brooks consider the quéstion Jenkins, on a delib- circuit, Morris Bicknell and v. my act, erate examination of the section of the' above T eighteenth conclusion, came to the the the as- unless assignment gave to. - the in the extended or renewed his interest ex- signee the the limitation of original patent. pired The lamented Justice without Story, any interchange opinion time, to us, between the same gave construction about.the dis- section. Mr. The late Justice several Thompson, .of trict act in States, United have construed judges' same way. The eleventh act makes assignable section thereof, law, either undivided to the whole interest instrument of be recorded by any writing, required date. patent-office within three -the months from By section, make eighteenth application patentee .1846. extension of or the who is his'patent Cbmmissioner, required “ of such notice one or more application publish other, and in such newspapers Washington, principal city he deán in the section papers'as may* published paper proper, most interested extension country adversely pa- State, tent.” Commissioner Secretary And.the Patent-office, and the shall Solicitor constitute Treasury to hear and decide board before them upon produced evidence > extension, both for and shall sit for that against purpose at the time notice thereof. place designated published shall furnish said board a statement writing, oath, invention, and of under ascertained value of the his' a true in detail to exhibit receipts expenditures, sufficiently faithful account of loss mánner him profit accruing from and reason of said if, invention. And hearing upon matter,, it shall the full satisfaction appear entire .and board, the said due therein, interest having regard public that it is that the term of should be ex- the. just proper reason of the tended without or fault on his patentee, neglect to obtain, invention, frbm the use and having sale failed part, time, a reasonable remuneration for the be- ingenuity, expense same, stowed use, the introduction thereof into be the shall Commissioner to renew and duty extend pa- “; tent,” &c. the said shall have the same thereupon it had effect been for the term law though originally And the benefit of such renewal shall extend years. twenty-one to use the- grantees thing patented, to the extent of-their interest therein.” respective embraces issued, This section con- and the patents previously to it struction now to on all cases given Extensions operates it, whether or after the were made before assignments of the act. passage section is so as not' admit object clearly expressed of doubt. It was the exclusive benefit of patentee; the. the extension can shall be made granted when it appear without or fault on his patentee, neglect part, having obtain, invention, to from the' use and a reasona- failed sale of his This, time, for his &c. remuneration ble ingenuity, expense^” section, the clear intent of this then, being Congress, expressed have a influence in the construction it must of other controlling of the statute is the as a A construed same rule parts section. written- contract. The intent of and of law-makers, the persons where’that intent must be into contracting,, carried elearly appears, effect. Where statute is so its repugnant contract intent, to not to show the then no effect can be language given it. If the used such a construction words be. susceptible * vox,, c- iv. 87 f 3 SUPREME v. effect intent, not show to enable the court only give it it. it, is the court to construe so duty natural Bacon, on the The most statutes, construction of says, —“ one to construe statute is genuine way part by construing of the best another same for this part expresseth statute “— of the a statute be ob- And, makers.” If meaning any part scuré, it is the words and the other for. consider proper parts; the sense of of one lead to a statute meaning frequently construed, be so whole, A statute another.?’ ought,.upon that, if it. shall be clause, sentence, can no or word be prevented, void, insignificant.” superfluous, as- extended, That have his patentee though may held the entire interest in He has it¿ is undoubted. signee only that hé has not been reimbursed, &c., show within meaning section, And, in to establish for an such his claim extension. cáse, if he’ the- benefit of the haying extension the assignee, go ?. benefited the entire interest how is the benefit.' And the law enacted for his was yet Poes exclusively ? .And if it of the law defeat object a.construction does, ? can be maintained Where for, has- whole, lies, been less than the the .same though objection assign- of the law is subverted to the extent object ment. The interest of is it is assignee, protected supposed, extend to as- renewal- shall the benefit of such provision, to use the thing signees grantees patented, n extent of therein,” can be There no interest their’respective interest the.words, doubt that “to the extent of their respective n therein,” refer this, it to use the patented.; thing (cid:127) contended, is the is benefit results to the assignee from words, of. these renewal. That this would seem to be the import section, but such disconnected from other is admitted parts of the sec- inadmissible,, a construction is wholly object when tion is considered. This is extended benefit patentee. is for. no will it. And the above construction obvious that one so deny Here is a the benefit direct assignee. repugnancy, gives exists,- it; is no for the and there escape repugnancy been has in a less where a though degree, patent only phrt circumstances, we must whether Under such assigned. inquire a different and- not be another by giving avoided- -repugnancy may words sus- of which the the provision, application ceptible. - ; but to renewal to the assignees The benefit of the given — ? the’renewal. what of'their interest -extent to the' extent it renders construction, as true said, But that this cannot be the was an ex- there If, the assignment, provision inoperative. Wilson ®. Rousseau et al. that the should the contract same interest assignee enjoy

press of a interest, renewal this would secure such patent, ot’extension without the'provision. answered, o that a T this it be thing may assignment in esse would, most, contract to legal not only convey th,e section, the But, under after eighteenth assignment right. addition this, In 'to the right extension becomes a transfer. legal affected all would be under the extension purchasers being legal, notice, had been recorded patent- where section, and harmonizes its office. view effect gives This the section makes The other construction parts proyisions. Now, is the more of it. and nullifies the whole repugnant, this, mo- But, ? what conceivable -view addition reasonable ? a boon to the assignee tive could have had give Congress ? the extension is he How injured by .in have extension, the would right, assignee Without be of others, to use the invention. This could all common'with more, com- : for the worth of his him than machinery value to no value. be estimated to all cannot open equally Now, did claims a assignee monopoly. Íetition Inder assignment, ' ? he be an boon should him Why give intend Congress this ? laid out his munificence He money pur- of public object he believed would because profita- chase right, patent : And, cases, the inmost assignee speculates upon poverty ble. n dependent. Inventers of the inventer. proverbially poor this fact. Half of of this strongly patent illustrates history and trouble of was pay expense the right originally assigned was Another assigned out the faking patent. claim to a similar invention. pretended compromise is more imaginary assignee The hardship complained extension, all the benefit If the takes than real. .patentee said, of his This loses, the value machinery. it is the assignee if the has been judi- follow. For machinery does not necessarily it will sell at a proper place, operation ciously put selected^ invention be great If the if not for its value always. generally, instance, the value, the case in this machinery as is undoubtedly business, who wish to Continue wanted one will be may of the ma- loss in the sale the extended So under patent. suffered than would have been would be greater chinery extended. if the had not been sale as on the little or no construction, then, injury inflicts This defeats shown, construction, as been whilst has- signee, or loss inconvenience But this of the statute. object statute, as the considered. assignee weighed, duly a due extension, regard board, in must granting far to be given, practicable, interest. Notice public who extension of the interested persons against

SUPREME v. it. And it was before stated oppose appear board did the exten argument, oppose did sion of it. Little the time that were re-. suppose they the a boon securéd them above section. Whatever" sisting loss, real or suffer from the assignee extension imaginary, may a inconvenience of the is loss or whioh results from .patent, advancement of and for which general good, public society make not, cannot, does arid indeed The of conipénsation. price is affected An is by general legislation. laid, property embargo continuancé, its are The valueless. during ships, increase diminution the tariff of affects the value beneficially injuriously used in The manufactures. reduction machinery the price lands affects the lands public price newr generally n States.. An act a or individual to authorizing company construét a railroad useless renders roads in its turnpike neighbourhood, thereon; houses established but for these public injuries Indeed, no made. find difficult compensation any great not, which does a public less enterprise greater degree, yield But these must rights.- affect.injuriously private gen eral welfare of society. All réward the He is enlightened governments inventer. justly a considered of the public Many benefactor. most splendid pro ductions and in theJarts, literature have been genius, conceived elaborated or hovel. not garret Such results enrich . a nation, but render illustrious. And -their should not authors ? cherished and rewarded If -the under the section assignee, eighteenth take any thing,- — he takes the whole extent my interest, of his judgment whole or And it to me nothing. appears construction given is, if court less warranted section, than possible, tó hold that the takes under the extension entire assignee interest assigned. words, the beriefit such renewal shall extend to “ to use grantees the-right patented, thing interest'therein,” cannot, me, extent of their it seems to respective rule of construction, known be held to to the any give assignee, to use the machiné he had in grantee have may opera- tion at the words, time took effect.- .extension use - thing patented,’’ descriptive right assigned-or grant- ed, and refer to the mere machine. right, us.e ” The extent interest therein respective undoubtedly interest, covers whole and cannot refer the number merely machines the individual may operation. Mr. Justice WAYNE dissent -expressed that part which,, in of the court answer to opinion ques- second tion, to an continue thé use gave assignee patent- v.

Wilson' machine, and said he would file his reasons with the ed probably clerk.

Mr. Justice WOODBURY. There is one of the certified us leading in this questions misfortune, cause, the decision of which I have the to differ from court. majority As that decision bears several the other and also questions, of some of the four causes connected with this disposes entirely been, matter, so and so under long be- ably argument which have us, fore I consider it due to the of this importance subject and the well to state the rea- parties public, just myself, sons for dissent. my arises, The difference in our views construction section 4th, 1836, law eighteenth and relates July benefits under it enjoyed by assignees grantees. law, not, Before could passage, circumstances, be' extended in its for the benefit of operation its. term, act 6f original beyond except by speciál Congress. body But this section allowed a to to a board of patentee officers apply n and from them a obtain renewal óF his patent years seven for he offered to longer, them that his provided ex- satisfactory proofs , labor in relation beqn and to the had penses not indemni- patent that, further, fied. . It thé renewal be on provided indorsed the ‘‘ back of thé thé original shall patent; thereupon patent same., have the effect in law as it had been though grant- originally for. term of added, ed It the then And the tjyenty-one years.” benefit such renew&l shall to assignees extend grantees of. to usé the the extent of their right thing patented, respective This interests therein.” last creates the clause chief embarrass- case, died, ment. -In this and we patentee having' having just administrator, decided that a .renewal was his legally granted to .about which is, we differ whether that question renew- controverted al to the use of the his admin- inures through patentee exclusively either, istrator, or in full or his goes assignees grant- in.part patent. ees under old conceded, In thé case is that present the contract of or by assignment con- nothing grant, expressly but and in for the words, term veyed old.patent, original only “of fourteen years.” not, then, whether, an when interest question assighing in term, 1836, old after of the before-or act of the passage not be and ex- .use broad might competent language easy to transfer an in extension plicit enough interest subsequent any means contract and this confirmed of .assignment, (cid:127)words, of the words alone section but whether eighteenth, tho'^e were, it, transfer intended to transfer of as- it, when the contract SUPREME b.

Wilson of 1836 cáse, before' the act passed, this was-made signment, as.in nomine, limit- old referred, eo patent, expressly only term. was old for assigned time ed spirit, to me that both case, language In such it seems legal its restrain repre-. section operation patentee this to assignees no the extension sentatives., rights convey where subsequent, except whether grantees, prior an interest that should have beyond contracted badclearly they term. original clause, inde- here, this hold But court the majority interest an in the transfers of any assignment, expression pendent so that to all extension assignees grantees, the new use machines already operation during continue any for such contract, or new term, without new any compensation farther use. all be cases argument part assignees, been, force of this section us, has fore on this subject, machines, vend, make, or use these assignees before authorized vend, well as -continue to make fourteen could years, contract or new consid more, without new them, use for seven to use” should have that “grantees eration,; such seems to like of all interests. And their prolongation been the the Circuit Court Maryland, opinion of Justice Turner, term, October Chief Taney presiding, of in there, were arose disposed besides though points that opinion. now, time, believed, since But it is .passage, the-first law, eighteenth last clause court, force n n section, grantees greater give not only assignees contract thing interest than was given longer patented a novel discrim- them, introduce undertake to itself, ination, and give me to be made in the clause seeming itself an extension of ” interest, to use former but to of the right grantees interests., of all extension their former We to examine the to this decision propose objections court, first, on of the' to old grantees giving assignees principle the all, extension of at unless an their interests new patent of. meant to embrace to them was assignment manifestly contract term.; of and, that, new to the the after examine any propriety discrimination in. the renewed to grantees a allowing use, a -interest's, the to all their of the extent of old withholding of like itself. from privilege assignees the. First, it has a which is decided, thing beeh repeatedly that.“ statute, letter of it be the is not within unless within statute the ; intention of Statutes, the makers.” 692 Bac. the on Dwarris Statute, 386. Abr. T 2 Instit. TERM* v. Rousseau to of was extend assist- tile the whole section Here great design of who had ance to an unfortunate class men genius, needy failed to valuable inventions during realize from any profits th^ir law first of this term of their intention of makers patents. to and not conceded to such have been relief usually patentees, assignees grantees. (cid:127) sufferers, former, latter, It was the 'who were not before,' extension, occasion- whom acts hád Congress special by in á now, tried to more for tbeir losses to whom ally indemnify alone, extension on an by summary way, them application proof officers, was authorized to order board given by and not others extension. such might reap profits But, former it to to-the benefit of go by allowing of ther old makers patent, appears intention suf- defeated, and those who have loss profited proved on ad- but, derived great fering, contrary, may already from the vantages assignment. this, like likewise, where,- It case thus in a might happen, extension, has all his before old patentee assigned all or its chief of it would constitute use extension — whose had value, that neither he nor his genius representatives he. toil, arid of time invention, whole the sacrifice produced losses, whose and' expressly sufferings, law disappointments it; from but made the smallest receive indemnify pittance —would have grown*.rich those all its. who advantages already reap can and who nobody pre- them of the old patent, (cid:127) such relief. -Under tend objects particular principal weré for ever construction,, it be how absurd would extension, do new it at cost.and for when he must ex-: .apply him from then have the whole fruits stripped pense, not had it con- extension, who had neither for persons paid intention of leading them. It is violation veyed ah equal of this rea- of much section, this and of most these principles does, such the court allow, persons as the soning,, take, opinion renewal, of the benefits unpaid unbought, a pari toas take.the whole of them. n vested court, contracts and construction Secondly, it, an assignee seem be Under encroached rights radically upon. it to fourteen years, an old limited' the contract conveying in con- will, directly some for twenty-one years, get purposes, inwill, Congress flict with express parties. stipulation obliga- the private be made way, unworthily tamper individuals, rights taking tions and will them impair ; and this the other one, rights enlarging adding between new without new passing consideration engagement interests wishes, assent, and but, them, against contrary, one, unreasonable.inference, us in the view, also, That involves SUPREME Rousseau Wilson v. a solemn intended to violate disturb the to- compact, that Congress when the and written agreements parties,, -language vested rights construction, and one that is con- of a different used is susceptible of the whole and with section. what is spirit sistent just, obtain or will to use view, right grantee that assignee By ” he of seven than contract- a term years longer for

the thing patented for, without in his agreement ed or patentee, paid wljile any usé, and without or new contract assigning granting of all his new vested consideration, rights will deprived use', that will have his far as extension, regards so former in its whole him vitality, by making virtually part .impaired contract when, the years, with the use for term of contract twenty-one says it, also, do without fourteen, but him any application making others of not indem- extension, for the others any proof being others of costs nified, for payment expenses pro-: when the avowed and cardi- additional seven curing years, nal him alone for losses which of the was indemnify object renewal Well he to these he not others had sustained. say, to be conferred on new interests and extended attempted assignees in hcec the contract non beyond assignment, grantees federa teni. the construction I contend to me the for seems Thirdly, only one with the used in the latter consistent portiofl language this, no troublesome" four section. those eighteenth By senseless, or or ungrammatical, lines expunged, contradictory section. While object previous portion must, in view, to this opposed my require construction intérpolations of'words„and a violation the rest of extirpations object section, in order clause advocates give meaning to it. construction Look at the impute phraseology of clause. such renewal shall extend assigneés benefit use to the extent their thing grantees patented, therein,” interests but to no more than that extent.- respective surely both words violate to have It would them design' enjoy therein, extent of their more than the as much as not quite interests all of the extent of In the them let them. construction of enjoy n axiom,’ that, a well it is settled a case statutes within'the bring statute, be not it should within mischief contemplated by also within legislature, plain, intelligible, import words of the act v. parliament.” Brandling Barrington, Barn: In & Cressw.475. this case the not were grantees is, either the mischief intended to remedied, within a want of “ n losses intelli- within the indemnity plain,' words,” as their contract of gible'import grant extend to the'renewed term at all, whatever, did any purpose was fourteen original years patent: expressly-limited l?ut measure, bé must interests, some when respective (cid:127)There 69T ?it the contracts What was Clearly, the act passed. done, had either been had been Nothing, acquired. those this, to increase inter- other acts previous portions enable .contracts, grant- but and assignees merely ests beyond in their own them suits to protect by of exclusive rights ees does not to-increase clause, also, profess names. The present and them interests, to let grantees but assignees enjoy simply those the contract renewal, if their extent by under the which. by term. Various run into the extended them and defines they limits have been resorted refinements metaphysical hypotheses of this on the words clause for the meaning putting'a purpose and so consistent this, which is so plain differing that assign- of the section virtually making provide, spirit , under the in the more benefits renewal ees and shall have grantees “ extent of interests than the respective thing patented therein.” the extent those interests more before testing critically But them, it will be necessary standard only applicable words, of the meaning employed two consider separately true ” “ “ this, therein.” renewal clause, ih namely, in to draw exhibited, dis- has been attempting Much research renewal ’and extension. between the words this case tinctions exist, when these word's are em- am satisfied that I not any But or in contracts to this in this act relating as Congress, ployed ” “ “ extensions,” renewals are not true, It'is that some subject. is, —that of the when the term in the sense patent, prolonging out, one taken or a renewal is and new old surrendered — while- extensions term, rest all prolong made for the. ” “ often used- prolongation term. But still renewals are term, are, in-this term, for a as extensions or new very ” “ as if to renew and extend used section, synonymous, renewal to the use of several sound .word analogy extend it is to Thus, to' lease another renew other subjects. term. extend it another an office is to To renew term. To dolores, to extend them. Again; revocare renew griefs, “ clause, has been therein,” considered second at the close others, “in renewal,” some as meaning’“in tlje “ use,” still, But, the thing patented.” others “ “ and hence it refers to thing patented,” grammatically, ” in the interests therein the interests thing patented.” “ treats course to mean patent,” it as a matter of Phillips therein,” regard that as uses synonymous though, result is much the clause, whole construction to my in “the same, to mean whether “therein”'is considered thing incline I renewal,” or or “the “the yet patent,” patented,” nat- most view of first that most strictly grammatical of this court ural, as to the views well as nearest coming g3 iv. vól. SUPREME COURT. v. 1 How. 210. Further M’Clurg objections Kingsland, “in hereafter, its. ’’.will under use stated meaning be. another head. then, to a more careful Passing, scrutiny clause, it but one seem., whole would that there could be rational of “the test extent’’of and grantees interests must con test thing patented, and such previous tract of or alone hold grant, they interests. If half of fourth or one the. contract one them grants old term the use of it one State patent, county, and ten, fourteen, of five from the issue years, interests, then such and such alone is extent of their further, will into not the new if the run term. But contract goes one half or and for a old grants of'the patent'to assignees, num- term fourteen twenty-one of. years, years, to which entitled by any ber afterwards become patentee may interests, of their extension or new then is the extent such grant, view term. This gives will run into the-new and they case word, or alters none. and excludes meaning spirit every in This, too, taking conforms section away design to it on the no of the benefit intended conferred be pa- part tentee, he has chosen to of and deliber- unless clearly dispose therefor, 'receive either in advance or after actually ately, additional consideration he deemed as adequate granted, to be sufficient. contracted ” “ added, had been clausé, there word in this If after the extent in time and this inference, both quantity, is legal meaning what those, to But without still clear some. been more have might to much seems me to as on words, of interest depend the extent as on the assignee, is of time length it, or the he over which use propor- a territory may dimensions use. It is like lease- he authorized to is tion the whole patent land, extent The interest in a grant hold interest or it.. less,.as or term-is or land is more shorter such a grant the. or is land more in if the less conveyed as much as longer, quite quantity. in varies extent,” in parlance, common word somewhat. is and as to which it applied, the subject meaning,, according as.jvell or as to to time space, propor- that refer may changes, tp interests, as in so, when and more applied tion especially term of for years. particular patents, view, that has not in of this another is analogy support There has struck me offered, but in the ingenious arguments been urged (cid:127) once was the applied force. A patent description with some this court first office; and the records for commissions as commissions patents. judges speak has in the incumbent any interest the extent Now what 184 6. v. ? or in Clearly, part, length his commission office behaviour, four run, during good whether years, it is to time ; often as its quite and in life, yearly profits for part as the amount time, that on length much depending attached to office. fees annually saláry ? in to all this the chief reply Nothing, except isWhat objection' interest, tó the extent his could get protected that assignee view, a¡4 alone, without the- the contract in this provision that section, and hence at the close the eighteenth provision in- and must been in this view unnecessary nugatory, were it in reality unnecessary, for some other But serted purposed something not us to consider would it as intending require contracts of words, its from from different different previous acts, which do not often add clauses Legislatures the parties. from abundant inserted reality necessary, prove So, this remove future doubts caution litigation. that a section, declared, it is act, eleventh very as an-interest like this is Yet probably unnecessary, be assigned. law can of course be on common prin- that of assigned, of a without the aid statute. ciples, — however, look', circumstance, that, we to another When though would, statute, without a contract of clause pass it would enable him to sue the interest the assignee, yet —name, can discover another reason his own w'e provision in a A been effective. clause had inserted part still more previous the old own name on act to enable the sue assignee whether such and, if violated doubt provision probably patent, renewal, when liaving any would be^extended to under the re- therein, further, interest it was the benefit provided ” — therein, them to newal should reach the extent of their interests in- name for of which benefit would to sue in own viola- it, could do for a their rights fringement fully if that had been tion of their and as original rights nu- thus would be far years. provision twenty-one on them conferring privilege gatory, by clearly every power under the original under the sue extension which they possessed patent. also, view, in the condition means this another provision, By contract be from a reliance on a might parties changed, that should have interest in new they alone a certain patent, it; to interest in* an ex- or, still, a vested in another view from an executed" right. ecutory is, There construction some given by majority rea- court another -ample this, clause immediately preceding for son inserting such provision. shall clause, the said thati£ previous patent stating, thereupon for the same effect in law as it had been granted have though originally SUPREME v. ai. would, it is the section' argued, if twenty-one years,” the term ended, on conferred assignee grantee there any had it, term, the extended as so. enable any old part as- if -had been for to use originally granted; them instead of fourteen. twenty-one years then, moment, that this construction for was Suppose, consid- it is manifest ered or.only possible, by Congress proper, that a second and follows had most additional clause pregnant — than'to so no less that hostile to prevent consequence, object, section,— the whole an extended term inserting grant design for and not of the -the assignee. the benefit indemnity patentee, added, view, be limitation on the last clause well In this might from that would otherwise be the inference- what’ just preceding inference, of this it; declare, well instead that assignees and might cases,, "all it, in as if of the old should not hold originally that as- but might; though twenty-one years, patentees “ the. of their re- in extent should hold conformity signees only ” words, In other if interests in thing patented. spective an interest had twenty-one years, contract they acquired clearly hold time if contract should for that had they they acquired an interest for five or should hold it only .fourteen years, they rational, to that extent. consistent the great object This section, force new and increased gives, necessity then, renewal, -after the would hold clause. The assignees they and for all had for all the time had stipulated, no but for more. paid, few grantees, It will be that very prior perceived, would this view be of the act likely the passage it; because, benefited not under this come provision, extension, future law would that allowing knowing any pass their, one, few anticipate would very likely provide benefits. for a interest its contract and contingent pay to future chiefly This would make the practice, apply provision, existed, that such a be wil- who, knowing might provision assignees, for a extension which ever any might ling give something it; and therefore might take expressly stipulate place under on Indeed, the for that arguments right. that ground in this case have mostly proceeded to future as- exclusively was intended to provision solely apply other construction is in some degree signees. Considering force to the provision, this would givé retrospective, section, inclined to I well as should be. preserve spirit free it, effect, and was alike if mine did not like produce adopt not make the : I do pro- me as limited because objection, had the parties expressly vision cases where retrospective except the benefit receive should contracted that assignee prior extension, in its operation it has the that case preference 701 ' Rousseau

Wilson t>. into effect that view, as it carries compact, the other express over alone, where the of it to the future force does cramp past en- consideration are equally applicable language character.. of this gagements in with all also is strengthened by being harmony This conclusion that statutes, while of Construction rules applicable the leading mind, violate court some seems, my adopted by jnost of them. important n if settled, well a referred-to, it is those Beside already stat limited in parts’of precéding thing given .particular not be taken or altered ute, subsequent gen shall away1 by any this v. ; Dwarris, 658 of the same statute.” Standen eral words Oxford, Jones, b. ; Coke, 118, 26 8 Here par University section, con is, the former benefit ticular eighteenth ; alone in on a reasons to him ferred yet, patentee, applicable words towards case, construction, few this general opposite so in are construed as some destroy entirely the close respects ; that, too, language those benefits to when all patentee construction,’more is of a perfectly different susceptible natural with the to-the consistent previous grant patentee. particular collateral considerations in have been urged Some support construction, the court on the conclusions this- branch of the notice. On to me which deserve a close scrutiny, they appear in some is amount less than par- any respect supposed, Thus, it has been dissent. ticulars strengthen grounds Fourth, William the act of the 5th and 6th English 1836, 18th, 1835, was before Congress September passed that, as- as, under intended was copied adopted; time, it have been allowed to extended participate signees doubt- that such was the intention here. But has been argued was before that' act the committee when ful they reported whether- short, time had been and the bill in intervening a? n section, files, examining eighteenth journals appears introduced, or as not to have been in originally bill but was afterwards amendment inserted originally reported section, therefore, does Senate. consideration bill; as’ of rest of the not seem have been so full far, .act. As- English very language, being copy act; and are not in that extensions though, named at all signees it, been allowed to under or three cases assignees in two par- —it, it has where an enlarged been ticipate, equity justified ’ consented, as where receive a due share or was to the. in the extension benefits, or had- conferred a right clearly named in also, the assignment;. where, expressly Webster’s the new of it. See grant as entitled-to a share Cases,-477. Patent circumstances, would doubt- .There, also, án like assignee, g3* SUPREME renewal, under its and the ordinary less benefit by operations than limited, thus will rather weaken England, fortify practice I of the'true of the last clause in our the construction design adopt own law. (cid:127) much, also, in’another consideration here, collateral There Britain, not in restricts does Great and which confer- which apply extension, itself, benefit or an extension on the of an an as- ring statute, if it a or under what patentee signee any goes beyond to dó. had himself contracted the Constitution limits the to powers Here Congress, give pa- to inventers tents alone. shall have to The Congress progress power promote times, to arts, the useful for science 'and limited authors by securing, inventers, the exclusive to their writings respective —- I., Article 8. discoveries.” § on others No is conferred bestow authority rights exclusive ” than “authors themselves.- and.inventers ' an a could assignee, Hence probably .one, of the. assent nor extension bestowed on an independent benefit, of the or of to his without agreement inuring- patentee, its a doubts as to its violation Constitution. of the grave raising being as have shall But so far inventers agreed that- assignees expressly them, in interested or in the latter patents, extensions ; so, as well be as far administrators protected represent inyenter deceased, when them is substan- grant patentee, inventer, inures his es- a Its benefit.then .to tially grant an heirs. But an exclusive tate. and grant assignee ; no benefit on estate and it or his would confer patentee, Constitution, letter as well as of the would violate spirit had substituted it, the 'inventer had himself unless agreed contract, whether for' original himself by plain the assignee term or extension of it. any likewise, have in this where Congress, Cases cited country, been ; inventers instances, in ten or twelve have renewed patents out have done it tó And two though but never assignees. they the-whole, term hád which were renewed expired after.the free use and the were assignees public some limitations further have been requiring payments imposed from the use of old yet for the assignees patent; longer done, circumstances, these and under it beeh such has only, peculiar to the as- in these no term was Congress granted by directly or condition in rather than the and this limitation signee patentee very favor grant patentee, ques- .the assignee, it was In tionable unless validity, assented patentee. to relieve case it is most of the views of Congress significant Feb- law, rather than that patentee assignees, special passed 26th, on the 1845, have conferred representative ruary v. term of still another seven without men- patentee years, original and without tioning way, any pretence benefits this extension them. were designed The-' is sometimes argument, assignee partner, reason, advances, liberal in a makes furnishes good pecuniary view, an be made him an should interest why him, in the old will furnishes none for indemnify giving him, benevolence, even if' he above regards money spirit public than, an or for him benefit in moré re- indemnity giving newal, have, never been hé should which and for agrééd han hé never has paid. stands in shoes assignee So reasoning, that him, and therefore should represents place patentee, extension, well, m an interest so far he is very applies the contract he so far as extends. But no moré stands assignee, contract, the extent of his the shoes beyond are the cases of does. Such Herbert than entire stranger that cited 1 Hawk. P. C. Adams, Mason, 15, note. old the In the one, assignee patent represented patentee the ;. law a that, other, and that and in the where further by as only all cases, was authorized in the assigned copyright ; the second also the law had interest, whole term because passed it evidence without contingency previously given absolutely, . to, first the losses, with, in connection but copy- appurtenant right. should have the ben- assignee been that the has Again, urged it. ; expendi- he have made large efit of the otherwise extension the after original in for a use of the tures, free preparing or be obliged will loose them in a great degree, term expires, this use the But satne for the patent. to pay largely continued - to the as- whole world as well to the reasoning equally applies have incurred ; individual, not an assignee, may because signee and free use like the anticipation expenditures expiration a than fact, the old is rather legislative In the argument patent. section, the whole one, and the policy judicial operates against on last clause. than the construction the rather put case, is more in such apparent' But-die hardship person, so the new for than real.. not much The'price paid .to it use it, who have and hence those proposed as the by gain further anew for new or extension, and do use after the pay old the term, loose, or would have they, rather than employed gain , ip before this invention. machinery operation some as seems by to the large, Nor is relief community it'any it,of renewal, or a large to hold that the to have bedn argued, For than vests in rather patentee. assignee grantéé mass must still purchase great people SUPREME COURT. v, for it, as much one, to- of some must it to use the as- pay signee patentee. court, the construction of by conferring any Finally, privi- whatever on extent of grantees beyond lége assignees interests, when those as in their interests in the thing patented, n contract to the term of case, were limited in the old expressly act, ihe view; beyond language patent, goes, my beyond consideration for contract of paid assignment, beyond- only the old intention for legislature relief term, beyond any than unfortunate to others patentees. indemnity case, in these views I little fortified several feel by made, heretofore been that have substan decisions and opinions Indeed, them. tial some conformity independent opinions us which an has taken, the actions before been appeal now (from or the come on a certificate of division), cause has reported up every case been settled in accordance on this has substantially- subject Sherman, and v. Woodworth these Woodworth views. See Mass., Term, 1844, for decided al., v. et Cir. May Ct. Cheever York, for Wood, Cir. Ct. Justice Van Hook New Story; ; Term, October Justice Betts Wilson v. Curteis & Louisiana, for Grabon, Cir. Ct. Justice McCaleb Brooks & Ohio, Morris v. Ct. al., Term, 1844, Bicknell July Cir. October, Justice Journal, McLean Law But 1845) (Western ler’s Blanchard’s case opinion, Attorney-General, (Opinions 1209). Attorneys-General, pp. advert a moment to that branch of All is to that remains me ¡of court, which, after majority construction adopted by benefit new to both grantees giving interests” under the contract term “the extent beyond still and make farther, discrimi- undertakes assignmeiit, go nation as to the and grantees, between assignees enjoyment, interests. It renewal, of their original gives different clause in latter, force of this last the mere grantees, by their old interests section, the eighteenth enjoyment during term; former, whole of the new as- gives a third of their abbut old signees, portion enjoyment “ words, In to interests that term. gives grantees during ” a their to use continuance right' thing patented interests interests extended to right but-to whose assignees,- make use, to a continu- vend, as well as the thing patented, and to discrimination, ance-of of theirs. uncounte- In such only- part me, to either words unwarranted, nanced and as seems by to find another

or the act of I sorry of the spirit Congress, am the court. The act to the strong ground opinion dissent ” “ the benefit construction, does not as is their that say, ” - one, “the extend use the shall to to fight thing patented the re- the benefit of whether but that -an assignee grantee; 1846. v. Rousseau. “ of their both, to the extent extend inter- newal shall respective do, as and as ests,” extent will they though differing clearly be more shown. soon fully “ are bound to take the as the acfof parliament Judges legis E. and lature have made D. & Dwarris on Statutes, it.” “ act, to use But this the words right thing patented,”' the. in their and other words must be altered transposed, ordinary mean- - conferred. these of the interests make ing, description now a of one kind are that purchasers, is They description “ whom use thing grantees right patented,” if had interests extend, should there- renewal stipulated two-classes, who their contracts. The clause refers by ” “ are such case be benefited the renewal. one by Assignees ” “ class, are and to use the thing grantees right patented itself, other class. This with the accords also language of this examined me clause, in manu- punctuation by ás. Senate, and as on file in State department, script printed in it after no comma or other word except having pointing “ accords, too, It with what is well understood patented.” fact, that two constitute distinct assignees grantees usually classes of former who á those or-all purchasers, being buy itself, and can their interests suits in right protect name; their own latter “the being buy only those.who to use the where use thing generally, except patented,” is institute suits their exclusive cannot own (fourteenth section), it, th§ this, hold name face for encroachments In that' here, assignees grantees thing mean ” “ words equally to use the apply thing patented , both,' is a from the usage above established employing départure to them what those a different meaning is; terms, gives in the eleventh in this Thus section twice act. given very previously ” “ “ con- as thing, grant mentioned one another, four- &c.,.as veyance exclusive right,?’ ” “ class, one teenth if section, assigns spoken “ And if another. &c., as grantees of the right;” why exclusive “ extent of their does the respec- coriclusionto say this.clause as to therein,” tive interests grantees patents if such were Congress not in this having clause very considered dif- interests, ferent to be according that: these-were protected their and müst be made ? It would said, respectiveExtents “ court, to the extent to.say, if the. construction sustaining “ interest,” and there of that extent of stop. right,” classes, these then, two there not conferred Manifestly, clause, verbis, merely either in its in totidem spirit' “ the benefit right to rise the but on thing contrary, patented,” interests of the renewal,” extent of respective .89 iv. vol. SUPREME

706 v. of the be limited to The interests grantees may thing patented.” be, not. use, those of include assignees may the. usé as bemay to as long make well vend ;.yet large them, to cover either, interests of the benefit the renewal is them, extent under original grant, if the reached the. new to have whole of One not to term. is interests are their and the when other only, equities part protected his, to which is to But have is to the extent same. assignee “ to vend, ; use” make, use of the right grantee only to have to of his. is the extent to is the substance of This, apprehension^ unquestionably my it this what has Congress yet only by sup topic.; the'act, of the new not in some by language transposing posing old, as not to be structure so harmony original whát ha3 sentence, different from words meaning by giving view, this, that and, in established doing Been my only can construction foundation be laid this part ap support- “ Ashhrst, said Mr. J. safer,” court. it is But proved “ said, have than suppose what the legisláture adopt actually Ellis, meant to E. & 7. 1 D. & 52 say.”. what they Adolph. well, also, not to that it is more It may forget, always judicial, adhere, like said, and less have what Congress actually legislation, that it it is more to do this when imperative by adhering you case, out, as in this intention part manifest carry previous the con-* can the section. Nor produced inconsistency, doubts as creating struction the court without influence ” “ will be the renewal its benefit ex- correctness of. “with their not in a ratio grantees respect- tended assignees — law, their interests,” the words —nor conformity ive considerations contracts, nor according respective respective losses they have nor respective proportion paid, toas but, sustained, under the general permission the. ” bewill Al- both, One class extent interests respective other to interests, to the full extent and the lowed of his previous of that extent. ask, what let permis- me By authority, general respectfully limited and. in divided, sion thus or case one class ? off valuable cut what By legal authority to use their interests in a while grantees thing portion theirs, both are allowed to whole exercise the patented one their and the same covering general permission, ” discrimination, ? allow oné interests To make this respective not the to the other full exteqt class interests and full their theirs, “to the extent extent of shall when the law says .be contracts and interests,” their when respective respective duration and equities show that this both the quantity should include interests, of their in a looks like a-distinction great degree arbitrary, v. Rouss.eau

.Wilson act design in conflict with the words and not a little plain Congress. to me from what seems But, this further beside departure branch section, caused this the obvious meaning’of eighteenth, by court, fail, it will I as the any compromise the construction fe^ri section, be under this if arising any compromise of the difficulties those, It is not to ruin from most from it. avert likely expected for aid to inventers, have their distresses resorted who indigent necessities and Their the delusive section. very provisions the renewal embarrassments, which are the for granting justification the to them, original them sell and to usually.-forced assign ; and if the case in this instance as -was with Woodworth patent, the law is to of all benefits in such circumslan’ces them strip renewal, confer those and, effect, without contract-to that law is on the the old grantees of assignees patent, benefit! as to its suicidal to be effected by bounty. only design perfectly here, if, this, modified, construction as by But is seeing the ben- court, as to cases .of so deprive only the new use of his old old efits machines during term, will, is this law it qualification appre- operation .cases, a hended, mere in most as usually prove mockery, working, as the court’s would, construction without fully qualification . entire defeat of the laudable of the renewal towards object us, In one or .two of the cases patentee, now-before patentee?. under, will, construction, still to defeat bur- be subjected In to on the densome costs. relation its effect present patent itBut whole, now be ascertained. cannot consequences all\the admitted, whole of old that the inv^nter had assigned n in so that no whatever to will remain use right repre- patent, of; to or if a where machines are sentatives remains dispose right use, use to are now in not in actual supply now probably enough United States. wants in for some time most public parts last use 'the during to continue to them will probably runs, will the renewal as the machine usually, whole seven years not, It will do that time. service repairs, beyond proper tbjpn, value, seven during difficult calculate what very machines, vend will be make and years, derived scattered over when of others existence is the use already section, all the every country, they employed the. ever time of the or grantees extended without extended use.' dollar for that having being obliged paid pay. then, to the sec- beneficent of the eighteenth Looking, design tion, arts,, Constitution, enforce science by advancing for inventions, longer useful the security protecting through labors, in of a cases teim men of own their genius property time and where had not been for remunerated already the ma- I cannot fear that the by construction expenses,. given but. SUPREME «COURT. v. will most> It will court .unfortunate. tend to jority grove destitution, into ernbarrassmérit still deeper losses plunge of a further extended sale their in- litigation by deprivation whose worth ventions, those induced Congress poverty them. aid attempt a different construction Nor would tie some up, suppose, future fourteen patents. use Of the thousand five numerous. hundred heretofore since issued, thé Constitution twenty-six enabled, I am Was the kindness of the adopted, Commissioner. state, Patents, ten have been the' renewed under section ten has it been in during nearly eighteenth years operation. machines, ifAnd who use the individuals" fruit improved others, of the toil and science.of were expense obliged one case in a over the whole year, pay something country, usé, that further not great grievance ? They obliged all, unless is better employ .will what, amount than was in use before. á- And is it they pay great benefited tal- hardship inequitable,.where they.are another’s ents, labor, to him some there- money, compensate degree ? countries, and While and- our Congress, courts are State other liberal a towards such yearly course adopting public benefac- mo^e inventers, I should to see regret tors-as this tribunal high a pursue to-the of construction kind ah imputation charac- opposite open one to be ter, by evince a supposed feeling towards paten- to other which rather tees than this belongs ages -I am which (and n , as if is not cherished) patentees satisfied were odious monopo- labors others, when, in truth property lists to be only and sale of asking own, their protected enjoyment - own wheat farmer, truly grown or-the by mechanic. built by wagon állow should we any prejudices Nor against utility patents and much less against the invention utility of. generally, now consideration, to make our ip. constructions under more rigid now, doctrine The settled case. under the .courts lights of otherwise, once is in though

longer' experience', doubtful cases to most favorable to to constructions incline Grant et patentees. al. ; v. Peters, 218 1 Sumner, v. Stone, 6 485 Raymond, Wyeth v. Blanchard 2 287 Sprague, Story’s Rep. Story’s 169. Rep. should is it that this Nor strangé nineteenth cen case however different was some generations ago, when we tury, daily how world has been since witness benefited by patented steam, in all its inventions wonderful varieties discoveries utilities, and in cotton cleaning, spinning, weaving má for almost half race, the. human chinery myriads other in other things, shedding benign light so over improvements live, we and most of which them excited and age matured only

Simpson Wilson. their inventers an secured under protection enlightened government. formed of the estimate can be usefulness of Some the present favor, and its when one machine is title per- computed the labor of in one form that would re- grooving planing day is man, to reduce near days supposed quire fifty seven tenths the of such work where the expense every building —used, as it ere will method is long improved many and in millions of own time over the civilized population, our. world. must honest social shield such inventions, system Every wise them. one seeks undoubtedly encourage every To be liberal, then,, to be protection patentees, towards in this To them just rights stimulate property. in- exertions of and talent is to ways greater ingenuity crease the wealth,, hasten the im- public progress practical as well of science. And to discountenance as' en- provements, croachments on and defeat of their useful their;.rights, piracies labors, is the end to better the condition of calculated in every rank in wider arid all the and introduce faster benefits of a society, state of civilization and arts. superior Bagdad Joseph Appel- P. Simpson, Forsyth, Mills, Andrew v. James G. Wilson. lants, The decision of the court in preceding ah, case of Wilson Rousseau et namely, that when patent assignee renewed under the act of the old to vend machine, has a continue the use the patented but not others, again affirmed. machine, An of an exclusive use vend the same to use, specified others within a territory, assignee authorizes the to vend else- , where, out product of the said territory, the of said machine. The restriction upon assignee is hé shall only that use machine within specified territory. There is none product.. as to the sale case came on a certificate of division be- This up opinion tween Judges of the Court of the. Circuit United States for District of Louisiana, as a court of sitting equity. Wilson was below, bill, who filed a and ob complainant tained an and Mills. After injunction Simpson, against Forsyth, case, in a sundry rule proceedings Forsyth put plea, was obtained, should show cause why injunc plaintiff that- tion should not be dissolved. court dismissed Upon argument, the rule, and case down for consent of set hearing par was ; the ties facts complainants admitting alleged plea, but for the of law of. purpose questions raising in volved, and decision of the same. obtaining speedy H 3 VOL. IV.

Case Details

Case Name: Wilson v. Rousseau

Court Name: Supreme Court of the United States

Date Published: Mar 18, 1846

Citation: 45 U.S. 646

Court Abbreviation: SCOTUS