Page:Federal Reporter, 1st Series, Volume 1.djvu/317

 PAGE V. HOLMES BUBGLAB ALABM TBLEGEAPH CO. 309 �specification of the reissue, and the drawings of the two are identical. Among the claima of the original patent were the following : "Eleventh, I claim the adjustment of the retraot- ile force of an automatic circuit-breaker, substantially as set forth. Twelfth, in combination with such adjustment, I claim adjusting the distance of the hammer, or the armature, from the pôle or pôles, of the electro-magnet which actuates them, as set forth. Thirteenth, I claim adjusting or regulat- ing the length of vibration of the circuit-breaking bar, by means of a set-sorew, or any mechanical equivalent for sub- stantially the same purpose, substantially as herein set forth." �Dr. Page was appointed principal examiner in the United States patent office in 1842. It is claimed that, before that time, and in 1836, 1837, and 1838, he had made some or ail of the inventions covered by the patent sued on in this case. Being prevented by statute from obtaining a patent while such examiner, he applied to congress in 1845 to remove such disability. Not obtaining such relief, he resigned his office of examiner in 1852. On the second day of Pebruary, 1854, he applied for a patent for what he called "a new and useful machine for administering electricity as a remediai agent." The specification was sworn to February 2, 1854. Part of the contents of the file wrapper in that case is an affidavit made by Dr. Page January 27, 1854, in which he states "that, sometime prior to his appointment as an ex- aminer of patents in the United States patent office, he made an invention entitled by him the compound magnet and electrotome, the same consisting chiefly in combiniug a self- acting electrotome with a compound magnet and helix, and that, Bometime after said appolntmant, upon discovering that said invention was being esteusively made and sold, he ap- plied to congress for authority, by special act, to take out a patent for said invention, by and with the advice and written recommendation of Hon. H. L. Ellsworth, then commissioner of patents, and that said application was refused by congress; that, as soon as he was able, he resigned his office, and took the necessary steps to secure his rights to said invention, and ��� �