..Pete, that Francisque Darne patent illustrated above is an improvement to a patent that was allowed to lapse-Regis Darne's patent of 1894. Would that patent had been granted to Francisque, had Regis not allowed the original to lapse, is a good guess, from this juncture. Can you say for sure, one way or the other? I can't.
Ted,
I think the confusion revolves around when a patent can be filed and granted. Francisque could file all the patents he wanted with out Regis' patent lapsing. As long as there is an improvement! Many gun makers filed multiple patents around the same concept as they refined it.
Do a search on
http://www.google.com/patents for breech loading! Notice how many have "Improvement" in the title.
Also, when a patent revolves around a mechanical device, the materials involved are rarely mentioned in the patent. At most, only a generic term like steel is used. So, the whole fluid - damascus issue simply does not exist.
You invent a monoblock. Miller improves upon it. You file. Miller files one year late. Both patents are accepted. In today's world, Miller would have to acknowledge your patent, but that is a relatively recent part of the process. As long as Miller produced guns based on his patent, you can not complain.
Pete
