I nodded and said, "What acids other than adipic will work?"

"Oh, azoleic, sebacic, a few others, I suppose."

"What else other than amino alcohols? What other catalysts? Do you

really need mercury vapor? Will some other metallic vapor do? What about

temperature variations in making the polyester? How long a cure time?

How much ultraviolet? Will the fibers be better if you draw them more?

Can you get those tacky fiber ends in any other way? Can you improve

them? What about the sheet-making conditions? Does oxygen in the air

catalyze...?"

Callahan held up his hands and said, "O.K., O.K., we don't know anything

about it. But we're not going to find out these things until we open a

research program, and we can't open a program for at least six months.

In the meantime that technician may ..."

I held up my hands this time, and he fell quiet. We stood silently until

I asked, "All the information in your notebooks, Henry?"

He nodded, and I continued, "Well, I'll be back tomorrow to talk to you

and Bostick. We'll just have to file a patent application on what we

have."

We chatted a while about his work on the West Coast, and then we shook

hands and I left. I had a few moments to think in the cab before I

talked with Mr. Spardleton. Here I was in that situation that a patent

attorney dreads. I had an incomplete invention, one that required a

great deal of work before it could be filed, yet I had to file now in

the incomplete condition. With it all, here was a most significant

invention, one that would make the world take notice. This was one of

the rare ones, I could feel it in my bones. It was obviously an

industry-founder, a landmark invention on a par with the greatest, even

in its incomplete condition. By golly, I was going to do a job on this

one.

* * *

Mr. Spardleton was in a bad mood when I entered his office. I didn't

have a chance to say a thing before he bellowed at me, "Mr. Saddle, do

you know what a plasticizer is?"

"Why, ah, yes. It is a material, generally a solvent, that softens and

renders another material more flexible."

"That's right." His fist banged on the desk. "Yet here," he waved an

Office Action at me, "is an Examiner who says that the term

'plasticizer' is indefinite, and I must give a list of suitable

plasticizers when he knows that Rule 118 forbids me to put in such a

list. Can you imagine? He is saying in effect that a chemist who works

with synthetic resins does not know what a plasticizer is, and I must

take him by the hand and teach him something he learned in freshman

chemistry. It has nothing to do with the invention, either. I am

claiming a new kind of lens holder, and I point out that the interior of

the holder may be coated if desired with a plasticized synthetic resin

coating. My, I don't know what the Office is coming to. The Patent

Office is the only institution in the world that does not know the

meaning of the phrase 'room temperature'. Some day.... What's the

matter, Mr. Saddle?"

I had pulled up a chair and hunched down in it. Mr. Spardleton

recognized the symptoms. He put down the offending Office Action and

settled back and waited for me to tell him my troubles.

I said, "I've got a hot invention. It is a paper that will replace

cloth, strong, flexible, cheap too. We've only made one version of it,

though, and I have to file an application right away because one of

Callahan's technicians left, and we can't risk waiting."

He nodded, and I went on, describing to him all the details of the

invention and the situation. When I finished I stared morosely at the

floor. Mr. Spardleton said, "What's the problem? File a quick

application now, and later on when you have more information, abandon it

and file a good, full-scale application."

[Illustration]

I looked at him in surprise and said, "But somebody else has just as

much information as we have, and he may start to experiment right away.

That technician knows as much as we do. In another six months they could

file a complete application and beat us out on dates; they'd be first

with the complete application."

"Well, what do you propose to do about it?"

I shrugged. "I'll have to make up as good an application as I can right

now. We'll make some guesses at how the research would go, and put it

in."

"Oh now, look. You don't know"--he began ticking off the points on his

fingers--"if you really need the trialkyl aluminum, or the

mercury-treated glass surface, or the heat, or the radiation, or any

combination of them. You don't have any idea of the conditions that are

necessary to produce this paper."

"I know."

"All you've got is a single example that works. If you make your claims

broader than that one example, the Examiner will reject you for lack of

disclosure. This is basic in patent law. Ex parte Cameron, Rule 71, and

35 U.S.C. 112 will do for a starter."

But I hadn't worked with Mr. Spardleton for nine years for nothing, and

he had taught me how to play this game pretty well. I sat up straighter

in my chair and said, "Yes, but in Ex parte Dicke and Moncrieff the

disclosure of nitric acid as a shrinking agent for yarns was enough to

support a claim for shrinking agents broadly; the claim did not have to

be limited to nitric acid."

"Only because nitric acid was already known to be a shrinking agent for

yarns."

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