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On September 16, 1856, Martien filed application for a U.S. patent on his furnace and Mushet for one on the application of his triple compound to cast iron "purified or decarbonized by the action of air blown or forced into ... its particles while it is in a molten ... state."
A month later, however, David Mushet had so modified his opinion of Bessemer as to come to the conclusion that the latter "must indeed be classed with the most unfortunate inventors." He gave as his reason for this turnabout his discovery that Joseph Martien had demonstrated his process of "purifying" metal successfully and had indeed been granted a provisional patent a month before Bessemer.
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Mushet continued, however, to regard the patents as "wholly my own, though at the same time, I am bound in honor to take no unfair advantage of the non-execution of that deed." A possible explanation of this situation may be found in Ebbw Vale's activities in connection with Martien and Bessemer, as well as with an Austrian inventor, Uchatius. Ibid., p. 770. Ibid., p. 823.
Still under the impression that his patent was still alive and, with Martien's, in the "able hands" of the Ebbw Vale Iron Company, he condemned Bessemer for his "lack of grace" to do him justice, and took the occasion to indict the patent system which denied him and Martien the fruits of their labors. Ibid., pp. 78 and 177.
Ebbw Vale, thereupon, issued their prospectus with the significant statement that the directors "have agreed for a license for the manufacture of steel by the Bessemer process which, from the peculiar resources they possess, they will be enabled to produce in very large quantities...." So Bessemer became the owner of the Martien and Parry patents. Mushet's basic patents no longer existed.
The Ebbw Vale Iron Works had spent £7,000 trying to carry out the Martien process and it was unlikely that they would have allowed Bessemer to infringe upon that patent if they had any grounds for a case. Bessemer was not imitating Mushet.
U.S. Patent Office, Decision of Commissioner of Patents, dated May 26, 1859 in the matter of interference between the application of James M. Quimby and others ... and of Joseph Martien.
The bait should be rested in the centre of the treadle platform. Built on a larger scale, this device may be successfully adapted to the capture of the mink, martien, and many other varieties of game. Procure two boards, one foot square and one inch thick, and secure them together by two hinges, as in the illustration.
The latter advised that the provisional specification restricted Martien to the application of his method to iron flowing in a channel or gutter from the blast furnace, and so prevented him from applying his aeration principle in any kind of receptacle. In effect, Carpmael was acting unprofessionally by giving Bessemer the prior claim to the use of a receptacle.
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