Democratic Sentinel, Volume 7, Number 16, Rensselaer, Jasper County, 18 May 1883 — THE DRIVE-WELL PATENT. [ARTICLE]

THE DRIVE-WELL PATENT.

The District Courts of Two States Rendpra Decision Holding that the Patent. Void. , „ a j '«• The United States District Court, sitting, in Des Moines—says a recent dispatdir from that city—rendered a decision In the cfele- 1 brated drive-well case, holding the patent void. The question was decided in the case of Andrews vs. Hovey, of independence* The case was brought before the courts of lowa and Minnesota together, the Judges being Love and Shiras, of lowa, and Nels on, of Minnesota, and is conclusive as to all cases pending in both States. Judge Shiras delivered the opinion, holding: r. That the patent is invalid, because the inventor, Col. Green, of New York, allowed, it to go into public use for more than two years prior to his application for a patent 2. That the reissue was void, because it was not for the same invention as the patent, and void because that the instances of prior use were, in the main, mere experiments of wells at Independence, lowajflM 1861, and the successful use of sevflK wells at Milwaukee in 1849 and 1850 from substantially the same invenßol as Green's. Judge Love concurred AnH held further that, under the act of CongSeJj of 1839, it was immaterial whether priortfejj., of the invention for the two years iiwarein mentioned was with or without the Whswro* and allowance of the invent r, and that such prior use in either ca e invalidated the patent Judge Nelson dissented. The opinion was very long, and all th? questions involved were discussed wi h mucij learn ng. Judge McCrary sat with the Judges during the reading of the opinion, which wai listened to with the closest attention by the bar and a room full of sp editor & The plaintiffs, if an appeal is made, will appeal on law points.