It is contended by the opponents that the patent No. 451 has no utility or value. I am inclined to the opinion that the utility of the improvement specified in this patent is, of itself, small, compared with the improvements covered by the other patents of Hussey now before me, which are all of very great utility, and two of them indispensable in the present state of the art. Still since the novelty of the improvement claimed in No. 451, is admitted and is proven by the testimony of Henry B. Renwick to have some utility as one of this series of patents, I think it has sufficient utility to justify an extension.
Mr. Hussey Did Not Abandon His Invention
The contestant's counsel have argued from the testimony of Lovegrove, that Hussey abandoned his inventions to the public by having them on sale more than two years before applying for a patent. The testimony does not sustain this point. Besides, an inventor does not abandon his invention to the public by constructing a machine embracing it, in the same factory where he makes and sells other machines. Nor by using it experimentally in such a factory or elsewheres. Nor by keeping it in such a factory from the autumn of one year to the harvest of the next year. Nor by doing all or any of these things more than two years before his application for a patent.
The statement of receipts and expenditures is unusually full and in detail, more so than is necessary to fulfill the requirements of the law.
There are two classes of expenditures and two corresponding classes of receipts, viz.:
1st. Expenditures and receipts on account of the manufacture and sale of Reapers and Mowing Machines embracing the patentee's improvements.
2nd. Expenditures and receipts on account of the sales of Patent rights and licenses, and compromise of infringements.
| The Patentee manufactured and sold about 2,000 machines, and a few other articles at a cost of materials and labor | $195,292.88 |
| Shop and Tools | 12,500.00 |
| One-quarter of patentee's time and expenses | 9,008.22 |
| $216,801.10 |
The receipts on account of the sale of these manufactures were:
| Cash for Reapers | $216,607.90 |
| Cash for parts of Reapers | 22,416.58 |
| Notes and Book Accounts | 11,388.23 |
| Cash for Corn Crushers | 1,135.25 |
| Discount and Interest | 2,327.84 |
| $253,875.80 |