Stanley Matthews

“ In certain soils, the use of a rod preparatory to the insertion of a tube is unnecessary, as the tube itself, through which the water is to be drawn, may be the instrument which produces the well by the act of driving it into the ground to the requisite depth. ”

“ The scientific theory stated by the expert witness on behalf of the complainants, as an explanation of the principle according to which the patent process operates in furnishing a supply of water by means of a driven well, is not contradicted or qualified by any opposing testimony, and, so far as we can know, is not inconsistent with accepted scientific knowledge. ”

“ My invention consists in driving or forcing an iron or a wooden rod, with a steel or iron point, into the earth until it is projected to or into the water, and then withdrawing the said rod, and inserting in its place a tube of metal or wood to the same depth, through which and from which the water may be drawn by any of the usual well-known forms of pumps. ”

“ One peculiar characteristic of a driven well, as distinguished from the bored artesian well, is that the driven well is for use in soil where no rock is to be penetrated, and where the pressure of the atmosphere is free to act upon the surface of the Water in the earth surrounding it ”

“ Its true meaning is that, so far as it may be necessary to penetrate a rock in the course of constructing a well, the process of driving cannot be used to overcome the obstacle presented by the rock, but that otherwise the tube may be driven until it reaches the proper supply of water, and then operate as a driven well. ”

“ In proportion as the borer becomes filled with earth it should be drawn up and cleared, when, by adding fresh portions of pipe, the boring may be carried to much extent under ground so that water may in most cases be thus reached and obtained. It is stated that wells made in this manner are superior to those constructed in the common method, not only in point of cheapness, but also by affording a more certain and abundant supply of water, while no accident can possibly happen to the workmen employed. ”

“ It was usual in making artesian bored wells to drive down a wooden or iron pipe, open at both ends, having a sharp edge around the circumference of it lower extremity, the earth being taken out from within it. As the driving proceeds, and after it reaches the rock, chisels, drills, and other tools are used to disintegrate the rock, which is taken to the surface through the tube so driven. ”

“ REISSUE.
Be it known that I, Nelson W. Green, of Amherst, in the county of Hampshire and state of Massachusetts, have invented a new and improved method of constructing artesian wells; and I do hereby declare that the following is a full, clear, and exact description of the same, reference being had to the accompanying drawings, forming part of this specification: My invention is particularly intended for the construction of artesian wells in places where no rock is to be penetrated. ”

“ The first is the estract from MacKenzie's 5,000 Receipts. It appears, from the file-wrapper in the matter of the reissued letters-patent in suit, that the application was rejected at first by the examiner in the patent-office on reference to this extract, which is as follows: 'To raise water in all situations. The finest springs may be found by boring, which is performed in the simplest manner by the mere use of an iron rod forced into the earth by a windiass. The workmen in a few days get to a genuine spring of pure water, fit for every purpose. ”

“ On the other hand, it does not follow, either from the amended or the original patent, that a driven well, according to the process described, may not be constructed and operated, notwithstanding in its construction some rock has to be penetrated. ”

“ In this case, however, the witnesses, when they used the common expression 'struck water,' did not mean that they had reached an adequate source of supply for a well, but that they had reached a place where the presence of water manifested itself, and where by continuous excavation an adequate supply would be attained. The wet sand or wet clay upon the auger showed that water was at hand. ”

“ Mere vague and general representations will not support such a defense, as the knowledge supposed to be derived from the publication must be sufficient to enable those skilled in the art or science to understand the nature and operation of the invention, and to carry it into practical use. ”

“ It is nothing more than a simple process of finding water in the usual way, as in the case of an ordinary dug or bored well, such as have been immemorially used.
The same observation equally applies to the extract from Rees' Cyclopaedia, under the title of 'Wells in Rural Economy,' which is as follows: 'The most ingenious of these is that proposed by a French philosopher, who has advised that the ground should be perforated to a sufficient depth by means of an auger or borer ”

“ And where large and continuous supplies are obtained by unintermitted pumping, for days and weeks at a time, experience has shown that the quantity of water has gradually but perceptibly improved, as in the case of the wells at Bellville, heretofore mentioned, where an amount of water is emptiedl argely exceeding the rainfall upon the entire territory not shut out from the the valley by outcropping rocks upon three sides and open to salt water upon the fourth, and no practical diminution of of the height of the water is observed. ”

“ Assuming this construction of the patent to be correct, it is, however, now contended on behalf of the appellant that the reissue is void because the invention described in it is not contained in the original patent.
It is to e observed that the scientific theory and principle, the application of which is supposed to constitute the invention of Col. Green, are not set forth either in the original or reissued patents. This feature was commented upon by Mr. Justice BLATCHFORD in Andrews v. ”