(Download) "Francis O. J. Smith, Plaintiff v. Heman B. Ely" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Francis O. J. Smith, Plaintiff v. Heman B. Ely
- Author : United States Supreme Court
- Release Date : January 01, 1853
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Eighth. 'I do not propose to limit myself to the specific machinery, or parts of machinery, described in the foregoing specification and claims, the essence of my invention being the use of the motive power of the electric or galvanic current, which I call electro-magnetism, however developed, for marking or printing intelligible characters, signs, or letters, at any distances–being a new application of that power, of which I claim to be the first inventor or discoverer.' 9th. In this plea the defendants allege that the mode and process of propelling and connecting currents of electricity, or galvanism, through two or more metallic conductors, is a substantial and material part of the thing patented in the letters of 1840; and they aver that Morse was not the original and first inventor or discoverer thereof, but the same was known to one Edward Davy, in England.' 18th. In this plea the defendants allege that 'the use of motive power of the electro-galvanic current, however developed, for marking and printing intelligible characters, signs, or letters, at any distances,' is a substantial and material part of the thing patented, and is distinctly claimed by the patentee in the specification; and he avers that the thing, so patented and claimed, is not any art, machine, manufacture, or composition of matter, or any improvement on them. The demurrers to these three pleas riase the questions secondly certified to this court.