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
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, and as to the patentee's diligence in
introducing them into public use, and his efforts to derive remuneration
from their sale.
From a careful examination of all these points myself, I have arrived at
the same conclusion as the Examiner.
[Sidenote: Opponents Contentions Not Proven by Facts]
The Counsel, Wm. N. Whitely, the opponent of these extensions have urged
with great pertinacity that the inventions are not novel. They allege
that the same thing existed before in Hiram Moore's "Big Harvester" in
Michigan--the Ambler Machine in New York--the Nicholson Machine in
Maryland--and the White and Hoyle Machines in Ohio. They also contend
that the invention claimed in Patent No. 451 especially, is of no
utility or value. On a careful review of all these points with the light
of the Argument of Counsel, I am quite clear that the Examiners
conclusion as to the novelty and utility of Hussey's invention are
sound. The Moore or "Big Harvester" cutting apparatus, the testimony
shows was designated for the performance of a different duty from
Hussey's and could not without essential changes of construction,
amounting to changes in its principle and mode of operation, be used for
the same purposes as that of Hussey.
The Ambler machine had a straight edge cutter vibrating on arms through
barbed or open slotted fingers. His Cutting apparatus lacked an
essential element found in Hussey's the scalloped cutter, to say nothing
of other material differences. This machine has nothing to impeach the
novelty of Hussey's inventions. The Nicholson Model has no vibrating
scalloped cutter which is one of the specific elements of Hussey's
combination. The White machine as shown in the exhibit produced and
which the testimony shows has been recently fabricated is not
substantially the same combination claimed in patent No. 742. It has not
like Hussey's a cutter with flush edges on both sides of the angle of
the forks on the _same side_ of the blade. The Hoyle Machine,
according to Hoyle's own deposition, is subsequent in date to Hussey's
invention.
[Sidenote: Utility of Hussey's Inventions]
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