Page:Federal Reporter, 1st Series, Volume 6.djvu/617

 ELECTBIC, ETC., SIGNAL CO. V. HALL, ETC., SIGNAL 00. 605 �application of the System, whicb he bad then introduced upon the Harlem Eailroad. In the same year Messrs. Pope and Hendrickson were aetively engaged in attempts to introduce electric signais upon different roads, and in the summer and fall were employed on the Une of the Pennsylvania Eailroad in Pennsylvania. They were thoroughly in love with the busi- ness, were active, energetic, self-reliant, fertile in invention, and were diligent to secure by letters patent the results of their inventive skill. During this time, at the suggestion of one of the officers of the railroad company, Pope bad con- stracted a device by whicb a primary and secondary signal were operated from the same battery. This device suggested to bis mind another idea, and during the week prior to No- vember 6, 1 872, he first described to Hendrickson the plan of working a series of signais along the Une of a railroad by the use of a single battery. This conversation took place in a jeweler's shop while tbey were waiting to have some broken wires resoldered, and as tbey went from the shop to dinner. It was the first definite manifestation or expression of the idea whicb Pope had in bis mind, and establisbes the date of the time when he mentally reacbed the resuit whicb was after- wards shown in bis application for a patent. He made neither tests nor models nor.experiments. His mental resuit was not reduced, and was not attempted to be reduoed, to practice. He intended to test the system before making application, but did nothing of the kind, and after April 25, 1873, be prepared bis application, whicb was filed May 15, 1873. The System was not afterwards placed by Pope upon any road, and there is no evidence that anybody else, profess- ing to act under tbis patent, bas ever reduced it to practice, except that Pope constructed a working model of the whole apparatus in 1875 or 1876, whicb was set up in his shop in the city of New York. �The patent having been granted to Pope, and now being attacked on the ground that the patentee waa not the first inventer, it is not enougb for the defendant to show that Hall bad conceived the same idea, and had made drawings or models, and experiments with his models, but the defend- ��� �