Illustrated by Schoenherr

"Sometimes," said Helix Spardleton, Esquire, "a patent case gets away

from you. As the attorney in the case, you never quite see it the same

as everybody else. You stand isolated and alone, unable to persuade the

Patent Examiners, the Board, the courts, possibly even the inventor, to

accept your view of the case. Nothing you do or say matches anyone

else's thinking, and you begin to wonder what's the matter with

everyone."

[Illustration]

I nodded. This was my favorite time of day. It was early evening in

Washington, D.C., and my boss, Helix Spardleton, patent attorney

extraordinary, was relaxing. His feet were up on one corner of his

desk, his cigar was in the Contemplation Position, and the smoke curled

slowly toward the ceiling. His office was a good room in which to relax.

It was filled with fine, old well-scratched furniture, and the walls

were lined with books, and there was the comfortable picture of Justice

Holmes on the wall looking down with rare approval on what he saw.

Susan, our secretary, had made the last coffee of the day, and had

kicked off her shoes the better to enjoy it. The three of us just sat in

the deepening dusk, and talked. We didn't even turn on a light. It was a

shame I wasn't paying close attention to Mr. Spardleton.

I said, "Yes, I know what you mean about other people's not seeing

things the same way you do. I've seen something like it at work with

some of my friends just before they get married. They think their brides

are just about the most beautiful women in the world, when they are

really quite homely--wouldn't even hold a candle to our Susan here."

Mr. Spardleton looked at me and then at Susan, and Susan looked at him

and then at me in that sober wide-eyed way she has, and then they looked

at each other and smiled. I guess they realized that I had said

something pretty funny.

Mr. Spardleton said, "I understand why you think of the situation in

terms of brides, but I always think of it in terms of a proud father who

sees nothing but perfection in his newborn son."

"Yes," I said, "that's a good way to put it, too."

"There are," he continued through a cloud of gentle smoke, "two

different ways in which a patent case can get away from the attorney.

The first doesn't happen very often, but when it does it has a tendency

to set the world on fire. That's the case that has true merit to

it--high invention, if you will--but the invention is so subtle that

nobody can see its importance. Only the attorney who wraps the case

around his heart can appreciate its vast potential. He goes through the

prosecution before the Patent Office and possibly before the courts

shouting high praises of the invention, but all the tribunals turn a

deaf ear. Sometimes the attorney finally reaches Nirvana; the invention

comes into its own. It shakes the world, just as the attorney had always

known it would."

I nodded and said, "Elias Howe and his sewing machine, McCormick and his

reaper, Colt and his pistol." Mr. Spardleton had taught me well.

"The other way is more common," he continued. "There the attorney never

sees the case in its true light. He is blinded by something in it and

thinks it is greater than it is. He wastes a lot of time trying to

persuade everybody that this very ordinary invention is the wonder of

the decade. He thinks of the invention the way a father does of a

wayward son--he sees none of its faults, only its virtues, and he

magnifies those."

I shifted into a more comfortable position in my deep chair. Mr.

Spardleton must have thought I was going to say something. He looked at

me and added hastily, "Or rather, as you'd have it, the way a bridegroom

looks at his prospective bride. That better?"

"Oh yes. Those fellows are really blinded. They just can't see anything

the way it really is."

Mr. Spardleton said, "Most patent attorneys are unable to tell the

difference between the two ways a case can get away from them, once they

get caught in it. They always think that nobody else agrees with them

because nobody else understands the case. It is quite a blow when it

turns out that they are the one who has been wrong all along. Yes,

sometimes an understanding of the facts is as difficult as an

understanding of the law."

"Yes," I said sleepily. "Sure must be."

If I had known better that evening, I would never have allowed myself to

get so sleepy. I should have listened for the meaning in Mr.

Spardleton's words instead of merely listening to the words themselves.

I have seen Patent Examiners act that way--they hear the words, but the

meaning does not come through. We locked the doors and went home, then.

How I wish I had listened!

* * * * *

Dr. Nathaniel Marchare is unquestionably the greatest organic chemist

the world has seen since Emil Fischer. His laboratories in Alexandria,

Virginia, constantly pour out a host of exceedingly important

inventions. The chemists, physicists, physical chemists, and biologists

who work under him are all dedicated men and women, gifted with that

scientific insight that so often produces simple solutions to great

problems. Dr. Marchare and his people are the principal clients of the

firm of Helix Spardleton, Patent Attorney, and as such they are very

important to me. Nevertheless, I always get a queasy feeling in my

stomach when Dr. Marchare excitedly calls up Mr. Spardleton, and Mr.

Spardleton turns him over to me.

Dr. Marchare is a very nice person, not at all mad as people are prone

to say. He is tall and gaunt and slightly wall-eyed, and he seems to

live in a great, flopping laboratory smock, and his hair is always wild,

and he seems to look around you rather than at you, but he is a very

nice person and not at all mad. His main trouble is he does not

understand the workings of the United States Patent System. After I have

explained to him the operation of the Patent Law on some particular

situation, Dr. Marchare frequently begins to mutter to himself as if I

were no longer in the same room with him, and I find this most

discouraging. As if this were not bad enough, many of Dr. Marchare's

scientists have acquired the same habit.

It was a bright fall morning when this particular call came through. I

hadn't heard the phone ring, nor did I hear Mr. Spardleton answer it in

response to Susan's buzz. But some sixth sense brought me upright in my

chair when I heard Mr. Spardleton say, "Well, how are things out in the

Washington suburbs this morning?"

I felt the hairs tingle at the base of my neck, and I knew that Mr.

Spardleton was talking to Dr. Marchare. I heard, "Certainly, why don't I

send Mr. Saddle out. He's worked with Callahan before--on that Pigeon

Scarer Case, as I recall--and the two of them can decide what to do.

That sound all right?"

I am afraid it sounded all right, because there was some chitchat and

then the sound of the phone's banging into its cradle, and Mr.

Spardleton's booming voice, "Oh, Mr. Saddle. Will you come in here a

moment, please?"

I took a quick swallow of milk of magnesia, an excellent antacid, and

went in. Mr. Spardleton was busy so he came right to the point. "They've

got some kind of problem out at the Marchare Laboratory--don't know

whether to file a patent application right now, or wait until the

invention is more fully developed. Will you hop out there and get them

straightened out? Callahan is the chemist, and you know him pretty

well."

I certainly did. Callahan's name always reminded me of the time I took

testimony in Sing Sing Prison on a Callahan application in Interference.

But I nodded numbly and went back to my office and finished the bottle

of milk of magnesia and caught a cab to the Marchare Laboratory.

* * *

It was cool in the lab and the air smelled faintly of solvents. I liked

the smell, and I sniffed it deeply and tried to distinguish one from the

other. My chemistry professor had often told me that I had the best nose

he had run across in twenty-five years of teaching. I picked out the

pungent, aromatic odor of toluene and the hospital smell of diethyl

ether, and I thought I could detect the heavy odor of lauryl alcohol.

Underneath them all was a rich, sweet smell that I had smelled before,

but I couldn't tell what it was. I decided it was a lactone, and let it

go at that. I nodded as I went past the receptionist, and her smile made

me feel uncomfortable again, just as it always did; there was too much

of a leer in it. I never stopped to tell her where I was going; I just

went in unannounced.

I went up the stairs and down the hall to Callahan's lab, next to Dr.

Marchare's. I went in. Henry Callahan stood at a bench pouring a

colorless liquid down a chromatographic column. He looked over at me and

said, "Well, Carl Saddle. How are you, man? Nice to see you."

Callahan was a big man, heavy-set, with bright blue eyes, and a shock of

light-brown hair. For all his bulk he moved lightly as befitted a former

stroke on the Penn crew. I was fond of Callahan, even with all the

trouble his inventions caused me; I knew he couldn't help it. I said,

"Hello Henry. How have you been?" And we exchanged some more amenities.

Finally he said, "Carl, we have quite a problem here, and we don't know

what to do about it. Here's the situation."

I swallowed, and took out my notebook and pencil, and laid my pocket

slide rule in front of me. I always put the slide rule out where the

inventor can see it to remind him that he is talking to another

technical man, not just a lawyer. This helps make him stick to the

facts. I didn't need the rule with Callahan, but habit is hard to break.

Callahan said, "Some time ago I made a polyester, used adipic acid and

an amino alcohol. On a hunch I dropped in an aluminum alkyl, and then

pushed the polymerization along with both ultraviolet and heat. Got a

stiff gel out of the pot and drew it into a quarter of a pound of

fibers. I only had time to determine that the fibers were amorphous--no

time to draw them further to see if they would develop crystallinity. I

put them in an open-mouth jar which I later found had been used to store

mercury. One evening I took them out and found they had developed

crystallinity on standing. Furthermore, the fibrous ends had split, and

the split ends seemed to be tacky--seemed a natural to me to make a

sheet of paper out of it."

I nodded as I worked furiously on my notes. All of Marchare's people

talked that way. They did the most fantastic things sometimes, and then

talked about them as if anyone would have done the same thing. I had

complained about this oddity to Mr. Spardleton when I first came to work

for him; I was used to inventions that were made in understandable ways.

He had smiled and asked me to quote the last sentence of 35 U.S.C. 103,

the statute that set forth the conditions for patentability. It was a

good thing I had memorized the statute. I recited the last sentence,

"Patentability shall not be negatived by the manner in which the

invention is made." Well, here it was again.

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