'W¥*%,
r-^A)        DR. J. ALLEN'S

 V


        REFUTATION AND VINDICATION
OF THE CHARGRS ALLEGED AGAINST HIM BEFORE THE
       American Society


               OF                  j.




DENTAL  SURGEONS;   -


       AT THEIR LAST ANNUAL MEETING


            IN AUGUST, 1847.
FOR HIS HAVING OBTAINED A PATENT FOR AN INVENTION FOR
          RESTORING THE
CONTOUR OF THE FACE.

    " * "c •'■■':' ' ' C/V^

  CINCINNATI:

M. BEMI3S, PRINTER, FOURTH STREET.

      1847
 
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*•'    V 
REFUTATION  AND VINDICATION.
  In justice to the profession to which I belong, as well
as to myself, and  the  community in which I live, I
deem it proper to correct  some of the misstatements
made writh reference to me  in the  course  of the  pro-
ceedings of the last annual meeting of the American So-
ciety of Dental Surgeons.
  In Looking  over  the  proceedings of the  meeting I
find the following : " Your Committee appointed to taEe
into consideration the case of Dr. Allen, of Cincinnati,
relating to the course pursued by him towards this So-
ciety, in respect to an invention which he  has had pat-
ented,  for  remedying deformities  of  the  face, report,
That whereas, after having fully offered the benefits of
his  invention  to every member of the Society, to be
used gratuitously, that without their knowledge, he had
secured a patent therefor."
  Now let us  correct as we proceed, for with all due
deference  to  the Committee  who  got up the report, T
must state most positively it is erroneous.  The facts
are these, with reference to this allegation, I had secured
my patent  previous to the meeting of the Society in
1845, at which time I first brought the subject before
the association, and this  was known  to several  mem-
bers who were present at the time the medal was  awar-
ded, as I did not hesitate to speak of  it freely in con-
nection with the patent,  for I did not deem  it wrong,
and  there  were other   members  of   the association 
4
(whose  names, from  personal  considerations I with-
hold for the present) who thought it no more wrong
under the circumstances to patent it, than I did inas-
much as  it was  entirely out of the usual  modus  ope-
randi of Dental Surgery.
  If it was designed to mitigate  the sufferings of  hu-
manity, it would come under a different head altogether;
but it does  not claim to  ameliorate   the  condition
of man,  as in the medical  or  dental professions gener-
ally, but is a mere matter of taste or pride, as it claims
only to restore the  form of the face, in cases where it
has become  sunken, to its original configuration, com-
bining, it  is true, all the advantages of artificial teeth,
\%th the most perfect restoration in the form of the face.
  The  members above referred to, who knew  all the
facts, and as I remarked, were present at  the time the
medal was awarded, were  among the founders of the
society,  and  whose names  will be handed down to pos-
terity as bright stars in  the galaxy of their profession,
and  who would sooner have their right  arm severed
from the body than  sanction a wrong act, and these are
the  men with whom I took counsel in relation to this
whole matter, and acted accordingly.  Therefore this
imputation,  of my  having secretly obtained a patent,
for  my invention, after having bestowed it gratuitously
upon the society, falls to the ground in the face of facts.
  Now,  with reference  to my having  freely offered
the  benefits of my  invention  to every member of  the
society,  let us refer to  the language  employed by me
upon that occasion,  as recorded  in the first number  of
the  sixth volume, of the Dental Journal, page thirty-
two, which reads  thus :   "  Having tested fully, the
practicability of this improvement, I most respectfully
submit it to the  consideration of this association."
* 
  Whereupon the society made  their award, as I sup-
posed in due  appreciation of its merits, without any
other consideration.   Now the reader  will perceive at
once, that the language employed upon that occasion,
conveyed no such idea as the committee have reported,
as they would  have seen if they  had taken the facts,
for their guide instead of mere supposition.
  After the close of the meeting, feeling a sense of grat-
itude towards the society for the  very prompt and unan-
imous action they had taken, in making the award, I re-
marked to some of my friends, that I intended to extend
special privileges, to the members of the society, that
one  of my principal objects, in securing a patent, was
to hold it in the hands of  competent operators, that  it
might not share the fate of all other operations that are
attempted by those who are not skilled  in their profes-
sion ; for I was fully aware, that such was the nature of
my invention,  that if  I were to throw  it abroad indis-
criminately to all who might call themselves  dentists, it
would be immediately seized upon and hawked about
the country in a manner prejudicial to the invention, det-
rimental to me, and far the  less beneficial to the com-
munity at large, than  if in  the hands only of those who
are fully competent.
   Again, the report says:    " And that whereas he saw
fit at a subsequent period, to make  an attempt to  exact
from members who might be disposed to  use it, a cer-
tain percentage  for  the privilege of using it.   Your
committee deem  his conduct  highly  reprehensible."
With reference to this charge, I have only to remark,
that after  mature deliberation, it  was found  that the
interest of the members of  the  society could  be pro-
moted better in this way than any  other that could be
adopted, for if special privileges or rights were confer- 
                      / c
red on individual members, it became necessary that
those rights should be protected, otherwise they would
soon be trespassed upon by others without any means
of redress, for it could not be expected, that a patentee
could stand ready, with  his coffers full, at all times to
protect  these members from infringements upon their
rights without any indemnity whatever.  It was there-
fore to obviate  this difficulty that the requisition  of  a
percentage of the profits,  arising from the application
of the improvement, was made in order that the paten-
tee, would be justifiable in protecting those who should
adopt it in their practice, as there would then be, a mu-
tual interest that could be maintained.  This step, too,
was taken by, and with the advice, and approval of some
of the leading members of the society, whom I will here-
after name, if it becomes necessary.
  Several members of the society who have adopted it,
in their practice, have expressed their decided prefer-
ence, to the above conditions,  to  any other that could
have been proffered.
  Again, " And whereas Dr. Allen has made such use
of the fact of a gold medal having been presented to him
by this society, as the society do not contemplate, in ma-
king such awards, and cannot  approve or sanction."
  This charge  is so vague, and indefinite, that I do not
know the objectionable features to which they refer.
  If they think I have given it too much publicity,
I will state most positively I have never written three
lines upon the  subject since  I  received it.  I  have
shown it to  some of my friends, who desired to see it,
for I did not know that it was wrong  to do so,  and
some of my  editorial friends  have given  it a passing
notice in their  papers, from which I have taken a few 
7
extracts, which may be seen upon my circular.   I have
heard of straining at gnats, &c, but enough.
  And now I would ask, if the course pursued towards
me in this case, can be regarded as a safe and judicious
one.   I think not, for by this precedent any member,
through personal envy, or private pique, maybe hurled
unceremoniously from  his station, however exalted.
Though he may have been struggling for twenty years,
to attain the highest degree of professional fame, in his
absence from a meeting of the society, false  charges
may  bo preferred against him, his purest and best mo-
tives may be impugned, and  a construction put upon
them that he  never  intended.   One side of the ques-
tion  only  is heard, for he is denied a hearing;  no de-
fence or explanation is admitted;  he is  arraigned, tried
and condemned,  and  his sentence of condemnation at
once published to the world, and the first intelligence
he has of it, meets  his eye in the  public journals of
the day.
  This course of procedure evinces one of two things;
either that there is a very great want of judicial know-
ledge, or an embodiment of discordant elements in the
society, that I  fear will  " sink  it so  deep, that  the
hand of resurrection  can  never  reach  it."
  With reference to patents, if it is wrong for invent-
ors to receive them, it must  be equally wrong for the
government to grant them.  Why then has it establish-
ed a special department for this  purpose, regarding it
as one of the most important bulwarks for the pros-
perity of our country?  It was for  the  purpose of en-
couraging, developing, and protecting,  the genius and
enterprise of her citizens, and it is to  the genial influ-
ence  of this institution, that we  are indebted for many
of the most important inventions and improvements of 
8
the age;  for unless genius and enterprise  are allowed
to reap their just and  merited reward,  their energies
would soon become paralized, and they  would sink in-
to that state of apathy,which characterizes all other na-
tions, where they are not  encouraged.
  And shall a few individuals, formed into a self con-
stituted society, repudiate the acts of our government,
and thereupon pass resolutions for their  rule of action,
which are diametrically opposed to the laws and insti-
tutions of our country?
  And shall said society have the power to snatch from
any member, at pleasure, his character, his reputation,
and his interests,  with impunity, whenever personal
envy, or private pique, shall prompt it,  by passing
special resolutions to make that a penal offence,  which
our government recognizes as right and honorable,  and
which is admitted by the  civilized world ?
  There are undoubtedly drones in every hive  of in-
dustry, who are always ready to claim an equal  share
of all that is produced by anyone of its members, no mat-
ter how much time and treasure it may have cost an in-
dividual, (for other members of the hive bear no pro-
portion of these,) to perfect his design.  As soon as it is
perfected, there are those who are ready to pass resolu-
tions,  making it derogatory to his character as  a gen-
tleman, to hold that,  as his own, which belongs to him;
nor must he claim to be the  father or guardian  of his
own invention.   If  he does, it is regarded as  highly
detrimental to the interests of the other members of
the fraternity; Therefore,  Resolved, That a vote of
censure be passed upon him.
                          J. ALLEN,  D. D. S.
Cincinnati, Ifec.  19, 1847.