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914 1 (1857)

handle is hein.usccsset/usconset20062 and id is 1 raw text is: 

34T  CoNoRMS, I HOUSE OF REPRESENTATIVES. I RwoT
   3d Session.                                          No. 176.




                  URI EMMONS-HEIRS OF.

                  FEBRUAf r 2, 1857.-Ordered to be printed.

   Mr. PAINE, from the Committee on Patents, made the following

                         REPORT.

 In the matter of the petition of Phineas Emmons and others, heirs of
   Uri Emmons,for leave to apply to the Commissioner of Patentsfor the
   extension of the patent of Uri Emmons for k28 improvements in planin
   machinery, the Committee on Patents of the House, after due con&d-
   eration of theproofs and papers in the case, and the arguments of the
   counsel in support of the petition, are of opinion that the prayersoud
   not be granted, and report :
   Uri Emmons, in April, 1829, took out his patent for a planing ma-
 chine. His executor, Calvin Emmons, applied, in 1843, to have the
 said patent extended, which application was denied by the then board
 of commissioners, on the 25th April, 1843, Mr. Commissioner Ells-
 worth, a member of the board, dissenting. The opinion of the board
 on the case is comprehensive, and partly in these words: Upon
 hearing of the evidence for and against the extension, it is considered
 by the said board that it does not appear to their satisfaction, having
 a due regard to the public interest therein, that it is just and proper
 that the term of the said patent shall be ektended.
   On the 20th February, 1844, an application for renewal of said
 patent then being before Congress, the two members of the board above
 referred to gave a certificate, in which they state, it is but just to
 say that the decision then made (to wit, in 1843) ought not to be
 taken as evidence against the application of Mr. C. Emmons to Con-
 gress, if it can be established that the three particulars in which the
 Emmons machine differs from the Woodworth machine are the inven-
 tion of Emmons, and that they are of public utility, and that he was
 the original inventor. To understand more fully the circumstance
 in the case, it is necessary to state that William Woodworth took out
 a patent for a planing machine in December, 1828, a few months
 prior to the date of Emmons' patent; and that these rival claimants
 to the right of invention agreed to blend their two patents, thus making
 a more complete machine, as well as avoiding expensive litigation
 in the attempt to establish an exclusive right. They divided the
 country betwen them, wherein each had his respective right to
 dispose of the machine, and agreed that all improvements made
 therein, and all renewals and extensions of patents should enure to

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