I further say, that it is my opinion, and clearly so, that
the manufacture and sale of Nitro-Glycerin made according to
the process described in your patent, does not infringe upon
any of the five re-issued patents granted to the assignees
of Nobel; and that so far as any of those re-issued patents
are concerned, or anything else that I know of, you have a
clear right to manufacture and sell Nitro-Glycerin according
to your patent.
Very respectfully,
GEO. GIFFORD, Counsellor at Law.
This discovery was not allowed to pass unchallenged, for Mr. Tal. P.
Shaffner, having learnt that I had obtained a patent, came forward with
a claim that he had conceived the idea (!) in 1865; and in January,
1869, nearly a year after the application for the patent which was
granted to me, he applied for a patent for the same thing. This
brought our respective rights before the Patent Office in a matter of
interference. However, the following remarks by Mr. John W. Thacher,
Examiner of Interferences, in giving his decision on the case, will
show pretty clearly to whom the right to a patent justly belongs. He
says:
“The principle is well established that he who first
reduces an invention to practical form is entitled to a
patent therefor. Applying this test in this case, the right
to a patent seems to rest entirely in Mowbray, and the
invention is accordingly awarded to the patentee.”
And again Mr. Samuel S. Fisher, the Commissioner of Patents, in giving
his decision, remarks:
“The story of Shaffner is not that of a man who had
invented anything. He had a theory, talked about it, doubted
its value; did not experiment to satisfy himself; until
Mowbray was manufacturing on a large scale; and evidently
did not intend to apply for a patent at all. I can find
none of the ear-marks of a perfected invention, carried
beyond the region of experiment; still less of any trace of
diligence. Priority is awarded to Mowbray.”
As previously noted, the Nobel patent with its re-issues, in four
divisions, and twenty-four columns of specifications, containing eight
claims drawn up expressly to intercept infringers, specifically,
emphatically, and unmistakably insisted:
1st. That Nobel discovered it was necessary to confine Nitro-Glycerin
in order to explode it, and that it was practically impossible to
explode it unconfined.
2d. That heat and pressure were the agents necessary for a successful
explosion of Nitro-Glycerin.
The writer, however, discovered that the heat, pressure and
confinement, claimed by the Nobel patent and re-issues, were
unnecessary, by charging an open glass tube with Nitro-Glycerin, the
glass tube being immersed in water, and the Nitro-Glycerin exploded
by the concussion of a cap containing fulminate of mercury, and so
succeeded in extricating himself from the domain of the Nobel patents
and their particular claims.
Public-domain text, read in full here on John Shaqi.
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