218 



THE AMERICAN BEE JOURNAL. 



[April, 



all other systems of hee-keeping." The latter claim 

 was rejected b_v the office, and the former was grautcd 

 only in combination with a modification of the frames 

 inefficient " for the purposes set forth" of securinir 

 Ptraiglit comlts. The use of the movable frame in 

 the hives thus constructed was so obviously an in- 

 fringement of the Langstroth patent, that Mr. King 

 agreed to pay Mr. Langstroth a percentage for the 

 privilege of using it in Mr. L.'s territory. 



We now reach the " arand climacteric," Patent 

 No. 3, dated September 8th, 1868. 



In this case the application was originally made 

 April 13th, 186S ; and the claims then made were as 

 follows : — 



First, forming comb-guides of thin stiips of wood, 

 of any desired width, as described and lor the pur- 

 poses set forth. 



becond, forminsr comb-guides of thin strips of wood, 

 each alternate comb-guide being wider tlian the inter- 

 vening guides, as and for tlie purposes set forth. 



Third, waxing strips of wood or other sul)st;inccs 

 and pressing the wax to form the base of cells of 

 worker comb, for the purposes set forth. 



Fourth, the close-fitting top bars o with slots j, 

 constructed as and for the purposes set forth. 



Fifth, the triangular sti ips ij, with the projecting 

 nails V to hold the frames in their place and from the 

 walls of the hive. 



Sixth, a double tier of honey boxes, with slots, as 

 described and for the purposes set forth. 



Seventh, the adjustable strips w, to hold the close- 

 fitting top bars togetlier and against the movable 

 sides. 



Un these claims the Examiner in charge remarked, 

 June 11th, 1868, "the ajiplicant should state more 

 explicitly what the comb foundations in the honey- 

 boxes are, and how they are affixed. Sawkerfs le- 

 ferred to [in the specification] are not found in the 

 drawing or model." Keturned to be amended. Again, 

 July 16ih,1868^ " the first claim is fully met by patent 

 of Edward Kretchmar, July 'J8th, 1867. The descrip- 

 tion in the specification of this patent containing a 

 clear reference to this device. Third claim anlici- 

 pated by patent of Henry A. Tozier, October 9th, 1866. 

 The first part of fourth claim is rejected in view of 

 the patent of Samuel and Minor Taylor and Edmund 

 Cox, February loth, 1866. In relation to the second 

 part of said claim, a pending application slmws 

 stamped comb foundations, and it is believed to be 

 not new. 1 his speciiication contains much suiier- 

 fluous matter, and is not sufficiently specific in some 

 particulars relating to construction. Should be re- 

 turned and corrected according to pencil notes." 

 July llith, 1868, the ai>]ilicant is informed that •' nei- 

 ther modfl nor drawing exhibits a wax-line founda- 

 tion in the surplus honey-hoxes. The first claim 

 should therefore be limited to what is shown, viz., 

 comb foundations in combination with the long slots 

 g in a double tier of honey-boxes, as shown and de- 

 scribed." 



Finally, the patent was issued September Stb, 1868, 

 with the following descriptions and claims granted : 



" rtirough the top of the lower honey-boxes are 

 slots, at light angles with which latter are placed the 

 guide-combs. Slots are formed in the upper of the 

 top bars, between which latter are nailed the comb- 

 guides. 



Vlaiia 1. — The slots z, in connection with a double 

 tier of honey- boxes with comb foundations, as speci- 

 fied, and for the purposes set forth. 



2. Constructing the close-fitting top bars 0, with 

 comb-guides U, and slots, as specified, and for the 

 purposes set forth. 



We see, from the Examiner's report above, that 

 the claim absolute to the comb foundations was dis- 

 tinctly rejected as not being a new invention, and is 



finally allowed only in connection with slots ai d a 

 double tier of honey-boxes. There is no patent 

 granted on it per se, distinctly or specifically. Yet, 

 in the face of this, Mr. Kin-j-, in his paper lor May, 

 1870, presents the reader with an engraved illnstra- 

 tion ol a machine, which is introduced to notice after 

 this fashion : " The enirravinir represents a mat^hine 

 foi- making worker-comb comb-guides, invented over 

 two years ago, by H. A. King, and secured by letters 

 patent September 8th. l.'S68." Now let the reader 

 carefully scrutinize this statement, and while dning 

 so, bear in mind that there is only one patent granted 

 to H. A. Kimr, September 8rh, 1868, namely, ibis same 

 patent No. 3, already so minutely described. What 

 does the language here used purport to mean? Is it 

 the " machine" which is claimed to have been then 

 ]>aiented ? Certainly not ! No mic/n'^e is anywhere 

 mentioned or alluded to in this patent. Well, then, is 

 it the '•'■wofkcr-conih cotnb-i/itkkii''' tliat are claimed as 

 havinir been i)atented ? That cannot be, for we have 

 seen that the claim fir them was explicitly rejected? 

 Yet the language implies one of these things, or the 

 other. He has a patent for their use in a ])articular 

 combination, yet he is making them by a machine and 

 selling them seriarately as comb-guides or founda- 

 tions, under the assumption that he has a patent, 

 either on them or on the machine by which they are 

 made, while the plain truth is that he has no such 

 patent. 



'I he history of those comb foundations is somewhat 

 curious, and being altogether jiertinent, may as well be 

 related here in passiu',^. These foundations aie sub- 

 stanti.illy the invention of Mr. Mehrin;:, of Hhenish 

 Havaria, iu Germany, made iu 18.')8, and referred to, 

 described and fi^rured iu the third edition, page 373, of 

 Mr. Lanusti-otli's workon the "Hive and Honey Bee," 

 published in l^-.oO. We quote the passage: "This 

 figure shows the f )rin of a metallic stamp invented 

 by Mr. Mehriiig, of Bavaria, in Germany, /or print- 

 iriff or Mainpin.;) the foiiMdaliuns of the combs upon the 

 under side of the frames. After the outlines are 

 made, he rubs melted wax over them, and scrapes off 

 bU that does not sink into the depressions. Mr. Meh- 

 ring represents the device as enabling him to dispense 

 with guide-combs, the bees appearing to be delighted 

 to have their work so accurately sketched out for 

 them. In first using the triangular guides, I waxed 

 their edges, but soon found that this was unnecessary. 

 Mr. Meluinii's foundations may also l)e found to an- 

 swer without any wax. Mr. Wagner suggests form- 

 ing these outlines Mith a simple instrument some- 

 wiiat like a wheel cake cutter. Where a large number 

 are to be made, a machine might easily be constructed 

 which would stamp them witii great rapidity." We 

 have here plainly the original idea of Mr. King's 

 comb-guides and of his machine for making them 

 with rapidity; but as that part of this account of Mr. 

 Mehring's invention which referred to the suggestion 

 for this }mrpose, api)eared in only a portion of one 

 edition of Mr. Langstroth's book, (having been sub- 

 sequeiiily omitt' d to make room for other matter,) it 

 should by no means be supposed that Mr. K. saw it 

 and acted on the liiut it furnished — making an inven- 

 tion and contriving a " machine," which he imaj/ines 

 he has patented. Oh no, by no manner of means! 

 It is simply one more of those striking coincidences 

 which show that great minds will think very much 

 alike, when contemplating the same subject intensely. 

 Having now made one more "great discovery," by 

 finding that he has all along been laboring under a 

 delusion, it is to be hoped he will cease to make and 

 Bell J atciited comb foundations. He will find nnpatr- 

 entcd articles much more popular, iu his neighbor- 

 hood. 



But let us now return from this seeming digression, 

 to the beauteous features of patent No. 3. 



