Obed Hussey, Who, of All Inventors, Made Bread Cheap — John Shaqi
Obed Hussey, Who, of All Inventors, Made Bread Cheap
History
Obed Hussey, Who, of All Inventors, Made Bread Cheap
Harvesting machinery; Hussey, Obed, 1792-1860
These four applications for the extension of the said four patents, Nos.
449, 451, 742 and 917, having been made in due form on the 30th day of
November, 1860, and the Commissioner of Patents having caused to be
published in due and legal form, notice of said applications and of the
time and place when and where the same would be considered. And the
applicant, the administratrix and widow of the patentee, having duly
furnished and filed statements in writing under oath of the ascertained
value of the said inventions and improvements claimed in said patents,
and of the receipts and expenditures of the patentee and his legal
representatives sufficiently in detail to exhibit a true and faithful
account of loss and profit in any manner accruing to the patentee and
his legal representatives from and by reason of said inventions and
patents. And the testimony in these four cases having been duly filed
and considered and referred to the principal Examiner having charge of
the class of inventions to which these belong, and the said Examiner
having made a full report upon the said cases, and particularly that the
inventions or improvements, secured by the said four patents, were new
and patentable when patented. And the printed arguments in these cases
having 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.
Public-domain text, read in full here on John Shaqi.
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