Nikola Tesla U.S. Patent 1,061,142 - Fluid Propulsion Patent Wrapper Page 58

858 : 8167 the pump or machine which forms the subject of this appliction, as distinguished from the turbine or engine of application No. 603,049. It is true that both machines have spaced plane disks, a casing, and ports at the central or axial and peripheral portions of the casings respectively, but in the turbine the inlet ports are at the periphery and the outlet ports at the axial portion of the casing, and in the application above referred to, this arrangement of ports is specifically claimed. In the present case the claims are limited to a machine in which the inlet ports are at the axial, and the outlet ports at the peripheral portion of the casing. If Tesla was the inventor of both forms of machine, he is just as fully entitled to claims for the one, as for the other, and should he elect, as he has done, to claim each form specifically, an abandonment of a claim to one form would be construed as a virtual abandonment of that form of machine to which the claim applies. We were required to divide the original application because it contained claims for the pump as well as the turbine. Having divided, it would seem that the office now insists that such a claim as we now present should be made in the former. case although it is alternative in form to the claims therein, and not illustrated in the drawings, which show inlet ports at the periphery and not at the axial portion of the casing and outlet ports at the axial and not at the peripheral portion of the casing. We must assume, therefore, that the rejection of claim 1 was due to some misunderstanding, and we ask that it be now allowed. Respectfully submitted, Ken Corſen & Aligt for Zeela