US Patent: 121,664
|
| Improvement in saw-mill carriages
|
|
Patentee:
|
|
| Titus H. Russell (exact or similar names) - Lebanon, NH |
| Manufacturer: |
| Not known to have been produced |
|
|
Patent Dates:
|
| Granted: |
Dec. 05, 1871 |
USPTO (New site tip)
Google Patents
Report data errors or omissions to steward
Jeff Joslin
|
|
Description: |
| This patent and 121,466 were the subject of dispute, and the various decisions, all in Pattee's favor, cast Russell in a rather unflattering light. In deciding the precedence of the overlapping claims of the two patents, Russell testified that he had built a model of his invention in 1865 but did not build a working machine, nor did he apply for a patent. Pattee built a working machine of his (very similar) design in 1870 and put it to practical operation in a lumber mill. Russell saw it in operation there and then applied for a patent in September 1871, preceding Pattee's application by 22 days. The Patent Office found that Pattee's application took precedence because Russell had "unreasonably delayed" his application for a patent following his alleged building of a model in 1865. About a year after the two patents were issued, Pattee applied for a reissue of his patent. Russell objected to the reissuance. His objection was overruled by the Examiner, but he appealed, bringing forth new testimony from one of his agents, Abijah W. Hall of Northfield, VT, that Russell's sawmill was in operation before Pattee had applied for his patent, and in fact Hall had described the new sawmill to Pattee before Pattee had built his version. The Commissioner of Patents found this new testimony to be highly suspect because Hall had had plenty of opportunity to produce his testimony earlier, but did not. The Commissioner ruled this new testimony to be inadmissible and rejected the appeal. |
|
