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+The Project Gutenberg EBook of The Professional Approach, by 
+Charles Leonard Harness and Theodore Lockhard Thomas
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Professional Approach
+
+Author: Charles Leonard Harness
+        Theodore Lockhard Thomas
+
+Illustrator: Schoenherr
+
+Release Date: December 15, 2007 [EBook #23872]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE PROFESSIONAL APPROACH ***
+
+
+
+
+Produced by Greg Weeks, Stephen Blundell and the Online
+Distributed Proofreading Team at http://www.pgdp.net
+
+
+
+
+
+
+
+
+
+ The
+ Professional
+ Approach
+
+ The trials of a patent lawyer are usually
+ highly technical tribulations--and among
+ the greatest is the fact that Inventors
+ are only slightly less predictable than
+ their Inventions!
+
+ by Leonard Lockhard
+
+ 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.
+
+I asked Callahan, "Did you make a sheet of paper out of it?"
+
+"Sure did. Made a hand sheet in a twelve-by-twelve inch mold. Pressed it
+out, dried it, then got busy again so I couldn't test it for a week.
+When I did I started working nights to see if I could duplicate my
+results. Just finished this morning. Here's the hand sheet, the second
+one."
+
+He handed me a sheet of paper, snow-white in color. I put aside my
+pencil and notebook to examine it. As I took it in my hand it was
+obvious that it was something unusual. It was softer than a cleansing
+tissue, and probably even more flexible. I rubbed it between my fingers,
+and it had the most remarkable feel of any paper I had ever felt--soft
+and clinging and cool, and exceedingly pleasant. I knew the paper
+chemists called this property "hand." Callahan's paper had the most
+remarkable hand I had ever seen.
+
+"Tear it in half," Callahan said.
+
+       *       *       *       *       *
+
+I took the sheet between my thumbs and forefingers and gingerly pulled,
+expecting the light and soft sheet to part easily. Nothing happened. I
+pulled harder, and still nothing. I smiled at Callahan, got a better
+grip, and gave it a yank. Then I twisted opposite corners around my
+fingers and frankly pulled at it. The absurd sheet refused to tear, and
+I realized how ridiculous I must look to Callahan to be unable to tear a
+flimsy sheet of paper. I suppose I lost my temper a little. I gathered
+as much of the paper as I could in each hand, bent over to put my hands
+on the inside of my knees, and pulled until I heard my back muscles
+crack. I let out my breath explosively and looked helplessly at
+Callahan.
+
+He said, "Don't feel bad, Carl. Nobody has been able to tear it."
+
+"You mean it?" I asked. I found myself puffing; I had not realized I was
+straining so hard.
+
+"Yup. That paper has a tensile of 2,800 pounds per square inch, and a
+tear strength equally unbelievable."
+
+I looked at the little sheet and great possibilities began to occur to
+me. "Clothing," I said. "Great heavens, think what this will do for the
+clothing industry. No more weaving. Just run this stuff off on a paper
+machine at five hundred feet per minute." I stopped and looked at
+Callahan and said, "You will be able to make it on a paper-making
+machine, won't you?"
+
+"As far as I know."
+
+"Good," I said. "When can we try it in the pilot plant."
+
+"Well, that's where the problem comes in, Carl. I have to leave for the
+West Coast tomorrow, and I'll be gone for six months. There's nobody
+else around here to take it through the pilot plant. What's worse, one
+of my technicians left this morning to take a job with Lafe Rude
+Consultants, Inc., up in Boston. The technician is an ethical man, and
+all that, but I'm afraid the word will be out on this paper now."
+
+My heart sank. Callahan said, "I've already started another of my
+technicians, John Bostick, on the process to make certain he can repeat
+my work. But that's all we can do for a few months around here. The
+laboratories have never been so busy. What do you think we ought to do?"
+
+The answer was obvious. "We've got to file a patent application right
+away. It isn't ready to file, but we've got to do it anyway."
+
+Callahan said, "Oh, we're in good shape. We _know_ it works."
+
+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."
+
+I said, "Well, adipic acid is a known polyester ingredient."
+
+"And all the other ingredients?"
+
+I did then what he had carefully taught me to do when I was losing an
+argument: I quickly shifted to another point. "In Ex parte Tabb the
+applicant merely disclosed raisins and raisin oil, but that was enough
+to support claims to 'dried fruit' and 'edible oil'."
+
+"But in that case the Board of Appeals said they allowed such
+terminology only because the equivalency of the substances could be
+foreseen by those skilled in the art, foreseen with certainty, too. Can
+you say that about your substances?"
+
+I hesitated before I answered, and that was all he needed to take over.
+"A large number of ingredients was recited in In re Ellis, and since
+there was no evidence to show that they all would not work, the
+applicant was allowed broad claims. But you'd have trouble making your
+guessed-at ingredients stick. In the case of Corona Cord Tire Company v.
+Dovan, the court said the patentee was entitled to his broader claims
+because he proved he had tested a reasonable number of the members of a
+chemical class. Have you?"
+
+I started to answer, but Mr. Spardleton was in full swing now, and he
+said to me, "No, sir, you haven't. You are not ready to put in broad
+claims on a half-baked invention."
+
+It was the "half-baked" that did it. Controlling my temper I rose to my
+feet and said in a purposeful, quiet voice, "I think I see clearly how
+this case should be handled in this situation. I shall prepare it in
+that manner, and file it, and prosecute it, and obtain a strong patent
+on a pathfinder invention. I'll keep you posted." I turned and walked
+out. Just as I passed through the door I thought I heard him say softly,
+"Attaboy, Carl," but I must have been mistaken. Mr. Spardleton never
+calls me Carl.
+
+       *       *       *
+
+I got right at it the very next morning. I opened the office myself and
+began studying my notes to see how broad a claim I could write for the
+Tearproof Paper Case. I listed all the ingredients in one column, and
+then filled up the adjacent columns with all the possible substitutes I
+could think of. I didn't even know it when Susan arrived at the office,
+stood in my doorway for a moment, and then tip-toed away. Later on Mr.
+Spardleton looked in on me, and I wasn't aware of that, either. It was
+ten o'clock before I finally came up for air, and then I dashed out to
+the Marchare Laboratory for another talk with Callahan. I explained how
+I was going to handle the case to make sure we got a good, broad patent
+application into the Patent Office.
+
+"Can you do that?" he asked.
+
+"Oh, yes. We can put in all the things we think will work, but if we are
+wrong we are in some degree of trouble. But I feel that with both of us
+working on this we ought to be able to turn out a good sound job. I'll
+keep sending you drafts out in San Francisco until we finally get one we
+think good enough to file. But we can't waste time. This is a hot one,
+and we want to get it in as soon as possible."
+
+He shrugged his shoulders, and we sat down to work on my lists. Neither
+one of us realized it when lunch time came and went. But that's the way
+it is with world-beater inventions; they sweep you along. Early that
+afternoon I dictated my first draft to Susan. Callahan and I went over
+the draft, and then he left for San Francisco. The next time around we
+had to use air mail. With each new draft we added more to the basic
+information we had, rounding out the invention in ever greater detail. I
+added example after example, being careful to state them in the present
+tense; I did not want to give the impression that the examples had
+actually been run.
+
+In a month's time I checked with John Bostick. Bostick had been able to
+duplicate Callahan's work, and we had three more, flimsy, diaphanous
+sheets that could not be torn by human hands. That was all I needed. Now
+I knew that anyone could duplicate the Tearproof Paper, and I had at
+least one, good, substantial working example for my patent application.
+The knowledge gave me greater confidence in the alternate materials and
+procedures that Callahan and I had dreamed up. I prepared a final draft
+containing twenty-three pages of detailed specification and eleven
+examples and topped it all off with forty-six claims. It was a
+magnificent application, considering what I had to start with. I handed
+it to Mr. Spardleton and sat down to hear what he had to say about it.
+
+I watched him out of the corner of my eye as he read it, and I had the
+pleasure of seeing his cigar slowly swing outward until the glowing end
+was almost beneath one of his ears. This, I knew, was his Amazed
+Position, and it was rare indeed that I or anyone else ever saw it. Mr.
+Spardleton was a man who does not amaze easily.
+
+He finished and looked up at me and said, "I assume this is the same
+invention you told me about last month?" When I nodded he continued,
+"And I further assume that you have no experimental data in addition to
+that you described last month?" Again I nodded, and he said, "All of
+this is paperwork with the exception of Example I?" I nodded again, and
+he put the draft down in front of him and stared at it.
+
+I began to grow uncomfortable in the silence. Then he said, so softly
+that I could hardly hear him, "I remember, many, many years ago,
+answering the phone, Cliff Norbright--great chemist--telling me he had
+smelled phenol when he heated ethylene chlorohydrin in the presence of
+holmium-treated silica gel in a test tube. I wrote the greatest patent
+application of the age based on that evidence. Just like this one." He
+laid a hand on it, and shook his head, and smiled.
+
+"There is no crude guesswork on this product," I said. "The work has
+been duplicated, and I've seen many specimens of this paper. I tell you,
+sir, there never has been anything like it. Why, even Callahan ..."
+
+"Yes, tell me about Dr. Callahan. He is usually a pretty conservative
+fellow. How does he feel about this completely untried product?"
+
+I sat up straighter. "This is not an untried product, Mr. Spardleton. It
+has been made and duplicated. It has all the properties that the
+application says it has. And Dr. Callahan has just as much faith in it
+as I have."
+
+Mr. Spardleton looked at me, and smiled, and slowly handed over the
+draft. "Mr. Saddle, I wish you all the best in your prosecution of this
+case. Please call on me if there is anything I can do to help. In any
+way, don't hesitate to call on me."
+
+I stood up and took the draft and turned to go, but Mr. Spardleton
+thrust his hand out. I shook it and said, "Is anything wrong with it?"
+
+"Not that I am able to see, Mr. Saddle. It is a most remarkable job, and
+bespeaks of ingenuity, resourcefulness, and skill. You have come a long
+way to be able to write such an application."
+
+I didn't know what to say, so I smiled and bobbed my head and walked out
+still looking at him and smiling, which made it necessary for me to walk
+sideways, and thus made me look, I suppose, somewhat like a crab.
+
+Susan put the case in final form. We sent the papers to California for
+Callahan's signature, then we filed the case, and things got back to
+normal with me. It was a great relief not to have the strain on me night
+and day. That's the trouble with an important case. You live with it too
+much.
+
+       *       *       *       *       *
+
+It was seven months before I got the first Office Action in the Case. I
+read the first few paragraphs and they were quite normal. They rejected
+the Case in the usual manner by citing prior patents that had nothing to
+do with my application. This kind of thing was just part of the game of
+prosecution in which the Patent Examiner makes rejections because that
+is what he is supposed to do no matter what the invention; they don't
+have to make much sense. But then came a paragraph that went way beyond
+good sense and proper rejection technique. It said:
+
+_The specification is objected to as containing large portions that are
+merely laudatory. See Ex parte Grieg, 181 OG 266, and Ex parte
+Wellington 113 OG 2218. These portions are superfluous and should be
+deleted, Ex parte Ball, 1902 CD 326. The specification is unnecessarily
+prolix throughout and contains an unduly large number of embodiments, Ex
+parte Blakemen, 98 OG 791. Shortening is required._
+
+I didn't wait. I grabbed the file of the Case and almost ran over to the
+Patent Office to straighten out the Examiner on a few things. As usual,
+Herbert Krome was the Examiner, so I charged up to his desk and
+immediately began explaining to him the importance of the Tearproof
+Paper Case. He seemed to pay no attention to me, but I knew him; he was
+listening. When I finally paused to let him say something, he looked at
+me quizzically and said, "Mr. Saddle, aren't you aware of the Notice of
+October 11, 1955?"
+
+I looked at him blankly and said, "What's that?"
+
+"It says that interviews with Examiners are not to be held on Fridays
+except in exceptional circumstances."
+
+I gulped and said, "Is today Friday?"
+
+He pushed his desk calendar toward me. It was Friday all right, and the
+thirteenth at that. I was too embarrassed to speak, and I got up and
+began to walk out. Mr. Krome called after me. "This must be an important
+case, Mr. Saddle. I'll expect to see you the first thing Monday." I
+nodded, and left.
+
+By Monday, my embarrassment had not diminished. I had really done an
+unheard-of thing in patent prosecution. In patent prosecution, the
+patent attorney has six months to respond to an Office Action. Since
+attorneys carry a docket of cases adapted to fill all their time, an
+attorney in most instances requires the full six months to respond to an
+outstanding Office Action. Industrious attorneys with relatively light
+dockets might respond in five months' time. This may also happen when
+the attorney is trying to get a little ahead so he can go on a vacation.
+There are rare instances of record when an attorney had taken some
+action in three or four months. But here, in the Tearproof Paper Case, I
+had actually gone for an interview on the very first day. I couldn't
+possibly go back on the following Monday; my pride would not allow me. I
+waited until Tuesday.
+
+By that time I had gone over the entire rejection and planned my
+complete response to the Examiner. I sat down with Mr. Krome on Tuesday
+morning and talked steadily for fifteen minutes before I realized he was
+watching me instead of paying attention to the case. I said, "What's the
+matter."
+
+He said wonderingly, "I've never seen you like this before. You are
+acting almost as unreasonably as an inventor. You don't even want to
+hear what I have to say about this case. You should relax, Mr. Saddle.
+You are here as an advocate, not as a midwife."
+
+"I don't think that's very funny, Mr. Krome," I proceeded to explain the
+high merit of the case, and he seemed to listen then. Before I left he
+promised to give the case careful consideration. This was all he ever
+promised, so I thanked him and went back to my office. I filed my
+amendment in the case the next day. It was eight months before I got the
+next Office Action.
+
+       *       *       *
+
+Callahan returned in six months and immediately opened a project on the
+Tearproof Paper. The two of us sat down together to determine the best
+way to handle the research.
+
+I said, "Henry, we have already drawn up a complete research program.
+All we have to do is follow it."
+
+"We have?" Callahan was surprised.
+
+"Sure." And I laid out in front of him a copy of our patent application,
+and riffled through its pages. "All we have to do is go through all the
+examples here to make certain they all work. If they do, the program
+will be complete, except for the product itself and commercial
+production. Our patent application will make the best research guide we
+could get."
+
+"Why certainly," said Callahan. "We have already spent a great deal of
+time working out all kinds of substitute and equivalent reactions. It's
+all here. Good. I'll set it up."
+
+Callahan began distributing the work to various groups, and I went back
+to my office. Every Friday afternoon thereafter I went out to the
+laboratories to see how things were coming along. They came along well.
+From the beginning the actual results reached by the research teams
+matched the predictions we had made in our patent application. At the
+Friday afternoon meetings Callahan and I got into the habit of tossing
+pleased and knowing glances at each other as the streams of data
+continued to confirm our work. Several months rolled happily by. Then
+came a letter from the Lafe Rude Consultants, Inc., up in Boston. The
+letter said that their people understood that the Marchare Laboratories
+had under development a remarkably strong paper, and they would be very
+much interested in discussing licensing possibilities with us. I grabbed
+the letter and stormed into Mr. Spardleton's office.
+
+"Just read this," I almost yelled as I handed him the letter. "This is
+the outfit that hired Callahan's technician. Now they know all about the
+Tearproof Paper. That technician has told them everything. I think we
+ought to sue them--inducing disclosure of trade secrets, or something."
+I added a great deal more as Mr. Spardleton finished the letter and sat
+holding it looking up at me as I paced back and forth in front of his
+desk. As I walked and talked, I finally became conscious of the fact
+that Mr. Spardleton was waiting for me to finish; I could tell by the
+expression on his face. I pulled up in front of him and fell quiet.
+
+He said, "Don't you feel it is significant that this letter was sent to
+us, lawyers for Marchare Laboratories, rather than direct to the
+Laboratories?"
+
+I thought about it, and he continued, "Furthermore, as I understand it,
+the Lafe Rude people have a good reputation."
+
+That was right, too, and I saw what he was driving at. People of good
+reputation don't try to pull a fast one by immediately alerting the
+lawyers for the other side. In fact, when I stopped to think about it, I
+could see that they were bending over backwards to be careful in this
+situation.
+
+Mr. Spardleton said, as he handed back the letter, "I suggest you clear
+with Dr. Marchare, and then make arrangements to talk to these people
+and see if you can negotiate some kind of profitable license. Marchare
+is pretty fully committed right now, and I don't think he has time to
+exploit this paper, even if it turns out to amount to something."
+
+I looked at him, aghast that he should still be doubtful of the paper at
+this late stage of the game. He saw my look and said, "Oops, I mean this
+milestone in paper technology once it is announced to the world."
+
+That seemed better, more to the point. I called Dr. Marchare and found
+that Mr. Spardleton was right, as usual. Dr. Marchare would welcome a
+beneficial licensing arrangement. I then called the Rude Associates on
+the phone; it seemed more expeditious than writing. I set up a meeting
+date as soon as possible, one week away.
+
+       *       *       *       *       *
+
+The day before I left for Boston I checked in with Callahan to make
+certain all of our data were correct. We went over every aspect of the
+Tearproof Paper Case. I picked out a dozen good samples of the paper of
+varying composition and thickness and put them in my briefcase along
+with a copy of the patent application. I had decided that I might even
+show them a copy of the application if it might help show what a
+marvelous discovery we had made. Callahan and I shook hands solemnly,
+and he wished me the best of luck. I went back to my office for a final
+quick check, got interested in Zabell's book, and went home without my
+briefcase. There was no harm done. My plane did not leave until ten in
+the morning and I had planned to go back to the office anyway. I said
+good-by to Susan and Mr. Spardleton, retrieved my briefcase from over by
+the radiator where Susan had put it the night before, and caught the
+plane.
+
+It was a cold damp day, and the threat of rain was in the air. In Boston
+I caught a cab for the Massachusetts Avenue laboratories of Rude
+Associates. Dr. Rude himself was at the meeting, along with half a dozen
+of his associates. Dr. Rude was a small man, dapper, totally unlike a
+research chemist, and his speech and manner were as impeccable as his
+dress. Only his hands were a giveaway; they were stained with yellow and
+black stains that looked completely out of place on the man. Dr. Rude
+opened the meeting with an explanation concerning the technician he had
+hired from the Marchare Laboratories two years earlier. "Just a week
+ago," said Dr. Rude, "we put him on a problem of paper chemistry. He
+told us that the properties we sought--and more--had already been found
+by your laboratory. He said no more, and we would not have allowed him
+to say any more, except that you were the patent lawyer who was working
+on the case. That is all we know about it. We hope you have something of
+mutual interest, but we don't know any more than what I have told you."
+
+I said, "Thank you, Dr. Rude. I understand how it was. I assure you it
+never crossed our minds down in Washington that anything could have been
+out of line in any manner whatsoever."
+
+The assembled group smiled, and I smiled back, and we all felt friendly
+with one another. Dr. Rude cleared his throat and said, "Well, is there
+anything you can tell us about this tearpr ... about a paper having some
+of these very interesting properties?"
+
+I said, "There is a great deal I can tell you about the paper we have,
+but suppose I let you see some specimens before I say anything. There's
+nothing like the actual goods themselves to do most of the talking."
+
+We all laughed as I took half a dozen twelve-by-twelve hand sheets out
+of my briefcase and passed them around the table. I watched the chemists
+finger the sheets, savoring their soft coolness, and I heard the
+whispered comments, "good hand," "excellent softness," "fine color," and
+a few others. Dr. Rude said, "Are these 'breaking samples', Mr. Saddle?
+Do you mind if we tear them?"
+
+Well, you can see that this was the question I was waiting for. I sat
+back and allowed a slight smile to play over my face. I said, "Oh no,
+gentlemen. Go ahead and tear them."
+
+I saw several of the people take the sheets between their thumbs and
+forefingers, and gently pull. I saw the sheets tighten momentarily, and
+then--as if the sheets were no more than ordinary cleansing tissue--I
+saw the fibers pull apart as each man easily tore the sheet in half.
+
+I felt the blood drain from my face, and it seemed to me that my
+pounding heart must have been visible right through my clothes. I
+swallowed and tried to say something, although I had no clear idea of
+what I was going to say. Words would not come. I leaned over and took
+another sheet from my briefcase and tugged at it. It tore in half with
+practically no effort. I took another, same results, and still another.
+I dimly realized that all the people at the meeting were staring at me,
+but I wasn't concerned. I knew something must be wrong with all the
+specimens; possibly I had placed regular cleaning tissues in my
+briefcase, or maybe Susan ... but even as I thought it I knew such a
+mistake was impossible.
+
+I reached over and tried tearing one of the sheets I had passed out to
+the others. It tore into quarters as easily as it had torn into halves.
+That finished me. I leaned back and looked around at the silent group
+and wondered what Mr. Spardleton would have said at a time like that. I
+started to smile and discovered that my original smile was still frozen
+on my face. I stood up and began retrieving the torn papers; they passed
+them back to me without saying anything. I replaced them in my
+briefcase, closed it, said, "Gentlemen, Christmas falls on Friday this
+year," and walked out.
+
+       *       *       *
+
+It was raining outside, but I scarcely noticed. I hailed a cab to the
+Logan Airport, changed my reservations to an earlier plane, and returned
+to Washington. It was a slow trip. The planes were stacked up in the
+rain at the Washington International Airport, but I did not notice the
+passage of time. I was too stunned to think clearly, but I kept trying.
+I got quite wet in Washington, but I was in a hurry to see Mr.
+Spardleton and I did not bother to change my clothes.
+
+I burst into his office. He looked up and said, "Well, I didn't expect
+to see you until tomorrow. How did...?" He saw my face.
+
+I plopped my briefcase on his desk and pulled out all the specimens and
+dumped them in front of him. I said, "Just look at these. This
+'Tearproof Paper' has deteriorated. These specimens are useless. Right
+in front of all the Rude chemists, they go bad. Most of them are new
+ones, too. How can this be possible? Just look at them."
+
+Mr. Spardleton picked up one of the sheets, rubbed it, and then tugged
+at it gently to tear it. It did not tear. He pulled harder, and then
+harder, and it did not tear. I stared at him in disbelief and said, "Oh,
+Mr. Spardleton, this is no time to play games with me."
+
+I took one of the sheets and yanked it, and almost cut my fingers. I
+bent over and put my hands on my knees to get better leverage just as I
+had the very first time, but the sheet would not tear. I threw it on the
+desk and tried another with the same results. One after another I ran
+through them all while Mr. Spardleton sat back and watched me. I was
+wild-eyed when I finished.
+
+Mr. Spardleton said, "Mr. Saddle, would you mind telling me what has
+happened?"
+
+I pulled up a chair, groped for my voice, and finally got the story out.
+He looked at me strangely, tried to tear another of those miserable
+little sheets, and said, "Mr. Saddle, do you feel all right?"
+
+In Boston I had been completely deflated and bewildered, but now I was
+mad. I grabbed up the phone and called Callahan. I had barely started to
+pour out the story when he said, "I'm glad you called, Carl. We seem to
+have run into something on this paper thing. Looks bad. Can you come
+out?"
+
+"Be right there." I hung up.
+
+Mr. Spardleton went out with me; he didn't want me to go anywhere alone.
+Callahan was holding two sheets up to the light when we went into his
+lab. He said, "Two identical sheets, except for the moisture content.
+Moisture is the devil. One of these is dry, the other contains three per
+cent moisture. Here's the dry one." He tore it in half effortlessly.
+"Here's the moist one." And he strained at it, but it would not tear.
+"We just ran across this effect last night, and finished checking it out
+an hour ago. Have you been to Rude Associates yet?"
+
+I nodded.
+
+"Too bad. We'll have to show them what can happen."
+
+Mr. Spardleton said, "They already know."
+
+Callahan said, "This kicks the whole thing in the head. The paper can
+never be more than a laboratory curiosity, as far as we can see. The
+sun, a dry climate, heat, any of these things will drive off the
+moisture, and the paper will lose its strength. There's no way we can
+market a product like that when it might lose its strength at any time.
+I'm afraid the 'Tearproof Paper' must join the huge list of fine
+products that can't be sold because of one small flaw."
+
+It was Mr. Spardleton who steered me out of the labs. He slipped an arm
+through mine and said, "You can refile the patent application and add
+this information about the moisture content. You ought to get the patent
+without too much trouble even if the product is of no commercial value."
+
+I nodded as we stood in the rain waiting for a cab.
+
+He said, "I never told you what happened in that Phenol Case of mine
+many years ago. It turned out that the man at the next bench had spilled
+a little phenol on the bench top. That's what my inventor smelled; there
+never was any phenol in the test tube. We all fall over the facts of a
+case now and then." He squeezed my arm, and the rain did not seem to
+fall quite as hard.
+
+
+
+
+Transcriber's Note:
+
+    This etext was produced from _Analog_ September 1962. Extensive
+    research did not uncover any evidence that the U.S. copyright on
+    this publication was renewed. Minor spelling and typographical
+    errors have been corrected without note.
+
+
+
+
+
+End of the Project Gutenberg EBook of The Professional Approach, by 
+Charles Leonard Harness and Theodore Lockhard Thomas
+
+*** END OF THIS PROJECT GUTENBERG EBOOK THE PROFESSIONAL APPROACH ***
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