The next morning I was received by Mr. Fowler, the accomplished
chief examiner in the class of steam-engines, with his usual extreme
courtesy. He told me that he felt very sorry at finding himself
obliged to reject my application, but the very precedents cited in
the application itself left him no alternative. “However,” he added,
“if you have anything new to present I shall be most happy to receive
it.” In reply I handed to him the specification which had already
done duty so ineffectively with the expert and in which I had not
changed a syllable. He read it through with fixed attention, and the
instant he finished he exclaimed: “Why, Mr. Porter, it is perfectly
obvious that you are entitled to this reissue, and the cases cited
in the application have nothing to do with it; but why was not this
presented to me in the first place?” I told him I had prepared it for
that purpose and placed it in the hands of the expert, who, after
reading it, returned it to me, saying it would be of no use to him.
Mr. Fowler instantly asked me if I had prepared any claims. I told him
I had, because I could not get any one to prepare them for me; but it
was a new business to me, and I had asked the advice of the expert
about them, who, after reading them, returned them to me without any
suggestion, merely remarking: “If you get these allowed you will be
doing very well.” The moment Mr. Fowler glanced at them he exclaimed:
“Oh, Mr. Porter, we cannot allow any such claims as these; they are
functional claims, which the Patent Office never allows.” Then,
evidently seeing my helpless condition in the hands of a traitor, he
instantly added: “I shall be occupied this morning, but if you will
call at three o’clock I will have two claims prepared for you which
will be allowed.” So the expert had let me go to Washington with claims
that he knew could not be allowed, and sure that my errand would be
fruitless. But he did not imagine that the examiner would see through
his treachery and thwart it. At three o’clock our interview was brief;
as I entered Mr. Fowler’s room he handed me a paper, saying: “These
have been allowed; you will receive the reissue in the course of
three or four days, and it will appear in next week’s _Gazette_. Good
afternoon.”
Public-domain text, read in full here on John Shaqi.
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