BETWEEN THE U. S. COMMISSIONER OF PATENTS AND JAMES A. CUTTING, RELATIVE TO HIS APPLICATIONS FOR LETTERS PATENT.
United States Patent Office, April 17, 1854.
Sir: Your application for letters patent for an alleged improvement in making photographic pictures, having been submitted to the proper examiner, is rejected. As the use of alcohol to absorb water in hasty desiccation is understood to be commonly practical in most chemical laboratories, no reference is thought necessary for the rejection of the first claim.
Secondly, the mixture of alcohol and ether in unlimited proportions to dissolve gun cotton for photographic purposes, is common. [See Gaudin's Process, "Humphrey's Daguerreian Journal," vol. 4, p. 229.]
Thirdly, collodion with bromide basis, is not new. [See General Remarks on Collodion, by Gaudin, "Photographic Art Journal," 1st Series, vol. 6, p. 348.]
The two articles above referred to are translated from the French, and contain also, it is believed, sufficient to show that the subject of the fourth claim has been anticipated, rendering further reference unnecessary.
Respectfully yours, &c.,
S. F. Shugert, Acting Commissioner.
J. A. Cutting (care of C. G. Page), Washington, D. C.
Jane 17, 1854.
Sir: In regard to the use of bromide bases with collodion, I am prepared to show that I had it in successful use in the month of April, 1853; and if the circumstances require legal proof of the same, it will be furnished, though at some expense of time and money to me; and as the question is only between the public and myself, I trust the office will see fit to grant me a patent for the same.
James A. Cutting.
Hon. Chas. Mason, Commissioner of Patents.
United States Patent Office, April 19, 1854.
Sir: In your letter of the 17th, you say that, if necessary, proof can be given that you had in successful use, in the month of April, 1853, collodion prepared with a bromide oasis. On referring to the "Journal of the Photographic Society," of London, No. 6 (June, 1853), page 70, you will see that Sir John Herschel used bromide for the same purpose previous to the year 1840. Ammonia, in various combinations, has long been in use for the preparation of sensitive collodions. [See Report of the British Association, 1850, p. 150, "Journal of the Photographic Society" No. 9, 1853, p. 116.] F. M. Lyndes' process and compositions show that he has used iodine, bromide, and chloride of ammonium; and Count de Montegon, in the same journal, No. 2, April, 1853; page 24, for his fifth composition of collodion, used liquid ammonia. These are all regarded as equivalents for your compositions covered by the fourth claim; if, however, there is a difference, you are at liberty to show in what it consists; and the examination is accordingly postponed to await your action.
Yours, &c.,
C. Mason, Commissioner.
J. A. Cutting (care of C. G. Page), Washington, D. C.
Washington, June 21, 1854.
Sir: In reply to your communications of the 19th instant, and April 17th, 1854, I propose to modify my claims as follows, to wit:
After the first clause of the claim, nineteenth line, ending with the words "set forth," add as follows: "I do not claim the use of alcohol as a desiccating agent, but limit my claim to its special use and purpose, as herein stated."
Erase the fourth clause of the claim, commencing on the twenty-sixth line, and ending with the words "set forth" on the thirtieth line.
In reply to the objection raised by the office that "bromide was used in 1840," I have to say that I was fully aware of the employment of bromide in various ways for photographic purposes, and that I have also, in common with photographers, known the extreme difficulty of using bromide, and that notwithstanding the sensitiveness imparted by bromide to other compounds, it has been almost universally discarded by practical photographers. The discovery of collodion as a vehicle for sensitive materials is of recent date, and there seems to have been a backwardness on the part of photographers to attempt bromide bases with collodion, and so far, whatever trials have been made subsequent to my discovery, it is evident that they have been attended with the results of "misty pictures." To whatever my success may be due, I maintain that I have been the first to use a bromide base with collodion—and with that only do I claim it—and the results in my pictures show with what success.
Respectfully,
James A. Cutting,
By Att'y, Chas. G. Page.
Hon. Chas. Mason, Commissioner of Patents.
United States Patent Office, June 21, 1854
Sir: Your specification of an improvement in composition for producing photographic pictures is herewith returned for a slight amendment, which is, to omit the reference to specimens which do not accompany the patent, and to correct an error in the oath as noted on the margin.
Yours, &c.,
C. Mason, Commissioner.
James A. Cutting, 142 Hanover st.; Boston, Mass.
United States Patent Office, June 22, 1854.
Sir: By reading a paper by Mr. W. Crookes in the "Journal of the Photographic Society, London," No. 7, p. 86, "on the employment of bromine in collodion," it is believed you will be satisfied that the date there given on which he used bromized collodion is prior to your claim to having used it; he refers to p. 72, No, 6, published in June, 1853, for experiments made with bromized collodion, which paper is dated June 2d, 1853. Mr. Isaac Rehn, of Philadelphia, has testified to having seen you make use of a bromide base, viz., bromide of potassium and collodion, about the 1st of July, 1853, or about one month after the date of Mr. Crookes' paper in England. The specification is accordingly returned, that you may cancel the fourth claim, and amend the papers to suit.
Yours, &c.,
C. Mason, Commissioner.
Mr. J. A. Cutting, (care of C. G. Page), Washington, D. C.