AMERICAN BEE JOURNAL 



EDITED AND PUBLISHED BY SAMUEL WAGNER, WASHINGTON, D. C. 



AT TWO DOLLARS PER AKNUM, PAYABLE IN ADVANCE. 



Vol. VI. 



APIilL, IST'l. 



No. 10. 



H. A. King's Hive, Claims, and Patents. 



As some of our readers may have misconceived the 

 purpose of the remarks we made, iu the February 

 number of the Journal, respectintr Mr. H. A. King 

 and his patents, or may be induced to attribute them 

 to motives which certainly did not influence us in 

 preparing them, we regard it as only just and fair to 

 the bee-keeping community, to Mr. King, and to our- 

 selves, to make a formal and full exposition of his 

 claims, and f)f the true character of his three patents. 



In doing this we take up Patent No. 1, bearing date 

 November 24th, 18G3, which was applied for and 

 granted to H. A. King and Jacob Loughmaster. 



The daitiis in the application for this patent, were 

 as follows : 



First, the slide B, provided with the notches d, d, 

 and applied to the hive as shown in combination with 

 the openings b, and pillars c at the front of the hive, 

 as and for the purpose set forth. 



Second, the projections on the top and bottom bars, 

 o,p, of the comb frames 6, to serve the two-fold pur- 

 pose of keeping the comb frames at a proper distance 

 apart, and at a proper distance from the walls of the 

 hive. 



Third, the fitting of the honey-board Eon the re- 

 bates 1 1 within the hive, and also the fitting of the 

 slide against the rebates g g in a similar way, in the 

 manner and for the purpose specified. 



Fourth, the cross-bar K at the upper end of the 

 slide/, provided with bevelled notches jj, to fit over 

 the bevelled surfaces i, at the upper ends of the front 

 and back of the hive, for the purpose specified. 



Fifth, securing the cap II on the hive, by having 

 the frames of sufl[icient dimensions to tit on tlie top of 

 the body A, and securing strips s within the cap //, 

 to rest on the top of the body A, and support the cap 

 as set forth. 



Sixth, the flap or slide W, attached to the hive and 

 provided with holes a, c, in combination with the 

 holes V, b, in the side of the hive, and the groove t in 

 the inner surface of the side of the hive, as and for 

 the purpose specified. 



The first, second, and sixth of these claims were 

 rejected in toto by the Patent Oflice. The thiid was 

 granted, with a modification restricting it to the " fit- 

 ting of the honey -board ^on the rebates 1 1, within 

 the hive." The fourth and fifth claims were allowed, 

 as they stand. None of these claims, either separate 

 or in combination, cover anything of special value in 

 the construction or use of a hive ; whilt the infringe- 

 ment of the Langstroth patent consisted in the use of 

 the movable frames with separated tops, and the 

 shallow chamber, without license from the owners of 

 said patent. The infringement was long since ac- 

 knowledged by Mr. King, and it is therefore not 



necessaryto dwell on this point ; but we wish to state 

 here, and desire it may be borne in mind, that the 

 rejected second claim was for a frame substantially 

 similar to that of the Berlepsch hive, in use in Ger- 

 many since 1853, not patented there or in this country, 

 and which of course was public property here t^n 

 yearn before Mr. King endeavored to obtain a patent 

 for it. He may not have been aware of this when he 

 made his application, but it is a fact nevertheless. 



We proceed to Patent No. 2, granted October 10th, 

 1865, on the application of H. A. King, N, H. King, 

 and F. S. Walker. 



The claims made in the original specification were 

 as follows : — 



First, the movable block t used in connection with 

 the slides B, for enlarging or contracting the entrance, 

 for the purposes set forth. 



Second, the bottom bar p made to form the comb- 

 guide }• and double projections g, to secure straight 

 combs of proper thickness and keep the frames an 

 exact distance apart and from the walls of the hive. 



Third, the top bars o with openings* made to form 

 a chamber floor to avoid the usual air space above 

 and between the frames and bring the surplus honey- 

 boxes in connection with a double tier of honey-boxes, 

 or the placing of one or more boxes upon another 

 box or boxes, operated substantially as set forth. 



Of these claims the first and third were rejected. 

 Another claim was then substituted for the first, which 

 was granted, and reads thus : — 



"First, the comb-frames D, provided with upper 

 and lower bars o, p, constructed and arranged sub- 

 stantially as and for the purposes described. 



The second claim was modified and then allowed. 

 It reads as follows : — 



Second, the lower bar p of the comb-frames, bev- 

 elled so as to form the comb-guide r for the purpose 

 of securing straight combs, and provided with the 

 double projections g to keep the frames at a proper 

 distance from each other and from the walls of the 

 hive. 



Here are two attempts, by resort to mere combina- 

 tion, to secure a patent on two several things that 

 were public property long before ; namely, the trian- 

 gular comb-guide or bevelled strip suggested by the 

 celebrated surgeon John Hunter, of London, iu 1793 ; 

 and the double projections used in the Berlepsch hive 

 ten years before, " as and for the purposes described," 

 and which was already rejected among the claims for 

 Patent No. 1. These things were and are public prop- 

 erty, and never should have been patented in any 

 form of combination with frivolous and useless de- 

 vices. The endeavor also made to form an air- 

 chamber, and thus " avoid the usual air space," 

 seems to be the same grand discovery elsewhere pro- 

 claimed by Mr. King as " destined to revolutionize 



Entered according to Act of Congress, in the year 1870, by Samuel Wagnor, in the office of Ihe Librarian of Congr«i«, 



Waihington. 



