Proceedings in an .appeal, ~'e. ~

Patent Office, are prone to apprehend the existence of somoi~pl :o t~ motive, and not unti'equently ascribe to corruption any decision w~ieh contravenes their own opinions of what ought to be, and the Editor is aware that charges of this character against the otliee, have ~ r t extensively promulgated; fi'om his constant intercourse with it, mid his intimate acquaintance with its transactions, it is due equally to himself and to justice, here to declare, that he is convinced such charges have not eveu the shadow of a foundation as their basis. l ie has frequently differed from the office in matters of opinion, and has forcibly urged the claims of his clients where he has felt that they were just; the present is a case in point; he has believed, and does still believe, that Mr. Kemper had a perfect right to a patent. At the moment of penning these preliminary remarks, the Editor is not irt possession of the decision of the Chief Justice in the matter, but an- ticipates with much confidence that it will be in favour of his client. Should it not be so, however, although he will feel much disappoint- ment, he will, at the same time, be ready to distrust the correctness of his own views in the matter, as the question submitted is one of law, and therefore within the special province of the Judge, and is ia the hands of one who is equally able and faithfifi in the performance of his duties. It was because the point at issue was a question of law that Mr. Kemper was encouraged to make the appeal, and in whatever way it may be decided, a rute will be established which will govern the course of the oftiee in analogous eases.

Two years have elapsed since the passing of the law giving an ap- peal to the Chief Justice of the l)istrict, and as the present is the first appeal under it, there was no existing precedent to determine the form of procedure, the publication of' all the documents in the ease may be of some value as a guide in such as may hereafter occur., 13y the delay of a day, the decision of the Chief Justice would be known, but the wish of the :Editor to publish the ease immediately, and his distance from the press, induce him to send off the first part of his copy, in order that it may be in time for the current munber of tile Journal.

l)Kashinglon~ March 20th, 1841.

To lhe Commissioner o f Patents.

Sin--As Attorney for, and in behalf of John F. Kemper, of Cincin, nati, in the State of Ohio, I hereby appeal from the decision of the Patent Office, in the case of the application of the said John F. Kemp, er tbr a patent for' "certain improvements in the manner of construct- ing vessels for carrying and stowing ice; and also an improvement its the manner of stowing the same." You are, therefore, hereby requested to take such steps in the premises as are directed and pro- vided by the 1 lth section of the "Act in addition to an actto promote the progress of the useful arts~" passed on the 3rd day of March, 1839~ twenty-five dollars having been paid into the Treasury of the United

g

348 Mechanics' Register.

States, in conformity with the requirements of the act of Congress in flint case, made and provided.

Tuos~As P. Jo~Es, Attorney for JoH~ F. KEmma. 14/ashi~gton, JDecember 141h, 1840.

To the tton. WILTaAM Cr.Axcu, Chief Justice of the District Court of lhe U~dled Stales for lhe District of Columbia.

The petition of John F. Kemper, by his Attorney, Thomas P. Jones, respectfully represents, that lie has inade application to the Commis- stoner of Patems, tor the grant of letters patent of the United States, tor "certain improvements in the manner of constructing -vessels for carrying and stowing ice; and also an imi)rovcment in the manner of stowing the same;" that the Commissioner of Patents has decided that a patent cannot he granted for the last item in his said improve- nlellt, to wit: "an improvement in the manner of stowing the same," which (le(:i:~ion your petitioner verily believes to be in contraventi(ul of his rights as the il~v(.'ntor or discoverer thereof, for reasons which will be thlly set tbrth, at sucl), time as may be appointed, agreeahly to the provision of the 11th section of the act of Congress, entitled "An act fit addition to an act to promote the progress of the useful arts," passed on the 3rd day of March, 1839.. Your petitioner hav- ing paid twenty-five dollars into the Treasury of the United States, and having also given notice to the Commissioner of Patents of this apl) cal.

All of which is respectfitlly submitted. Joux F. K~_~m~.

I~y his Attorney Tuo.~As 7. Jox~s. IUetslzinglon~ 3Iarch 14th, 1840.

2b the lion. WL~r. C,~ A Xc H, Chief Justice of the United Slates Cowrt f ) r the District of Columbia.

Thomas P. Jones, Attorney for John F. Kemper, presents the fol- lowing statement, and plea, on the claim of said John F. Kemper to a patent for what is believed to he a new and useful discovery.

hi tile case of John F. Kemper, of Cincinnati, in the state of Ohio, who has made application to the Cornmissioner of Patents for a patent tbr "certain improvcmcllts ill the manner of constructing vessels !br carrying and stowing ice ; and also an improvement in the manner of stowing the same;" a letter was received from the Commissioner of Patents, dated March 24th, 1840, of which the tbllowing is a copy.

1Jalent O~ee, March 24th, 1840.

"SIR,--The specification of your improved vessel for stowing and carrying ice is herewith returned for amendment in the claim~ which is deemed to be too broad, the mode of arranging the ice by placing the blocks edgewise, cammt, in the judgment of this offic% constitute a claim to a patent, as it is believed that every one has a right to pack away ice by placing the blocks either edgewise or in any other post-