Weston Carbon Treatment Case.
Full Text of Opinion of U. S. Circuit Court of Appeals,
Third Circuit, (DALLAs and BUTLER, JJ.), in the
suit brought by The United States Electric
Lighting Company against The
Edison Lamp Company.
Decision of the Lower Court, invalidating Patent 306,980, affirmed.
C. G. Burgoyne, walker and Centre Streets, New York.





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United Stat(SGirºlit00It Of AppBalş,
THIRD CIRCUIT.
THE UNITED STATES ELECTRIC
LIGHTING COMPANY,
Appellant,
WS.
THE EDISON LAMP CoMPANY.
APPEAL FROM THE CIRCUIT CourT OF THE UNITED
STATES FOR THE DISTRICT of NEw JERSEY.
Before—DALLAs, Circuit J udge, and BUTLER, District
Judge.
Opinion of the Court.
DALLAs, J.: *
This suit was brought for alleged infringement of
Letters Patent of the United States No. 306,980, dated
October 21st, 1884, granted to Edward Weston for
“ process of making incandescents.” The claim is as
follows: *
“The improvement in the art of making carbon con-
ductors for incandescent lamps which consists in first
forming a carbon core or base, and then building up
said core with carbon obtained and deposited upon the
same by and during the operation of electrically heat-
ing said core while surrounded by or saturated with a
2
carbonaceous substance, substantially as hereinbefore
set forth.” - -
The assignments of error raise no material and sub-
stantial question which was not fully investigated
and rightly decided by the Court below. The learned
Judge of that Court deemed it necessary to consider
only : “First, the prior Letters Patent of the United
States No. 211,262, for the same invention, dated Jan-
uary 7th, 1879, granted to William E. Sawyer and
Albon Man, upon an application filed October 15th,
1878.” (The application for the Weston Patent in suit
was filed on May 27th, 1881): “and second, the alleged
public use of the invention by Sawyer and Man and
those acting under them for more than two years before
Weston's application for a patent.” The evidence bear-
ing upon these matters is reviewed and properly dealt
with in the opinion of the Circuit Court, and the con-
clusions there reached are that the proofs as a whole do
not satisfactorily show that Weston's alleged invention
preceded that of Sawyer and Man; and that the defense
of two years' prior public use of the invention before
the application for the patent in suit, was impregnably
established. No purpose would be subserved by again
discussing this evidence. It is enough to say that our
own examination of this record has entirely convinced
us that the action of the Circuit Court in dismissing
the bill was based upon a true apprehension of the
facts and a correct conception of the law.
The decree of the Circuit Court is affirmed with
Costs.
[6670)
UNIVERSITY OF MICHIGAN
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