FREE BOOKS

Author's List




PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   >>   >|  
been duly filed and considered, and the day of hearing viz. the 28th day of Feb., 1861, arrived, undersigned, the Acting Commissioner of Patents, sitting at the time and place designated in the said published notice to hear and decide upon the evidence produced before him both for and against the extension, and having heard all persons who appeared to show cause why the extension should not be granted, does decide as follows, _viz._: That the applications for extension in these cases were made at a proper time, and not prematurely as the opponents have contended. The only ground alleged to support the allegation that the applications were premature is that the receipts for the year 1861 cannot be fully ascertained at this time, but must be estimated or guessed at. If this is a good reason for not considering the applications now it would also be good on the 7th of August when the patent expires, for the receipts would not then be ascertained, but would still be the subject of estimate only. These receipts can be as well determined by this mode now, as in August. The objection on this point is not therefore well taken, and must be overruled. An application for extension cannot be regarded as premature if made during the last year of the term of the patent, and the total receipts are known or can be estimated with reasonable certainty. In addition to this there seems to be no little force in the argument of Counsel that the public convenience would be promoted by an early decision upon these cases before manufacturers enter upon their preparations for another year's business. Besides these considerations, which of themselves are sufficient to determine the propriety of hearing these cases at the present time, the late Commissioner of Patents fixed this time for these hearings with reference to the public interests therein, and is an additional reason why it should be adhered to, yet I should have no hesitation in postponing the hearing if it were made to appear that the public interest were likely in any way to be subserved by such postponement. [Sidenote: Value and Importance of Hussey Inventions Fully Established] The report of the Examiner leaves no doubt in my mind as to the novelty of each of the inventions which constitute the subject matter of the four patents for which the extensions are asked. His report is equally conclusive as to the _utility_ of the inventions, their _value and importance_ to the public
PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   >>   >|  



Top keywords:

receipts

 
public
 

extension

 
applications
 

hearing

 

Patents

 
subject
 

Commissioner

 

patent

 

decide


premature

 
ascertained
 

inventions

 

report

 

August

 

reason

 

estimated

 
hearings
 

argument

 

Counsel


convenience

 

Besides

 

considerations

 

reference

 

business

 
manufacturers
 
decision
 

preparations

 
present
 

promoted


propriety
 

sufficient

 

determine

 

novelty

 
constitute
 

matter

 

Examiner

 

leaves

 
patents
 

utility


importance

 
conclusive
 

equally

 

extensions

 

Established

 
hesitation
 

postponing

 
interest
 

additional

 

adhered