Abbildungen der Seite


the ivory bowl being cut expressly to fit the shape of the parts circumjacent to the auricle. The instrument is also very efficient in dry cupping, and from its simplicity it is likely to prove very useful and convenient.



Sir,- It appears probable that the Bude.
light will come into considerable use for
purposes of general illumination, and pro-
bably in many places where the gasometers
and apparatus necessary for generating the
gas may be inconvenient. To obviate this,
the old Portable Gas Company should look
out their apparatus, as it seems to me a fair
opportunity offers itself for them to make
some use of what failed when coal gas was
employed, owing to the partial decomposi-
tion of the gas, an effect which would not
take place in the case of oxygen, as it did
with carburetted hydrogen. If you think
the preceding hint for the use of portable
vessels of oxygen gas likely to interest your
readers, I shall feel gratified by its insertion.
I remain, Sir, your obedient servant,

E. M, I.
London, November 1, 1841.


Sir, — Having from its commencement been a reader of your valuable publication,

I trust to my no small profit as regards Cases are sometimes met with, in

scientific research,-I shall feel greatly ob

liged if, through your numerous readers, I which, from the improper use of acoustic

could learn whether there exists any kind of instruments, or from a sudden and very

cement for silk, in pieces? I have gone loud noise, the membrana tympani is

through your work, and can discover nothing, rendered concavo-convex in an impro beyond some propositions for forming an per sense. To remedy this, Mr. John Indian-rubber menstruum for a purpose anaHarrison Curtis, the surgeon to the logous, but the plan seems imperfect. I Royal Dispensary for Diseases of the Ear, once met with an aëronaut who informed has constructed an instrument consisting me that he had such a preparation, and of a bag of caoutchouc, with a large ivory could, moreover, encase his balloon there. bowl attached to it and pierced in its with, so as to prevent the escape of the gas ; centre, with an aperture communicating at all events, I should be glad to know if with the interior of the caoutchouc bag,

such an article, as regards the adhesive prin. to which he has given the name of the

ciple, can be purchased, and where? Musoton. By emptying the bag of air,

I remain, Sir,

A CONSTANT READER. and then applying the bowl over the ear,

November 16, 1841. such a force is exerted by it on the air being again introduced, that the membrane is drawn out and restored to its natural condition. The bowl (see pre

Sir,- In No. 697, (December, 1836,) of fixed engraving) is connected to the

the Mechanics' Magazine, your ingenious caoutchouc bag by a long ivory nipple correspondent, Mr. Lassell, gave your read. on its upper surface, on which the caout.

ers a very masterly essay on the casting of chouc is securely fastened. When ap specula. I have long been expecting Mr. plied over the ear it is perfectly air-tight, Lassell would extend his essay to the art of



109 Ayuring and polishing, which is by far the Mr. Crane's patent, which is for making iron most difficult branch of art. If he would with anthracite as the sole fuel. The defendfavour the readers of your work with the ants have never used anthracite alone, and it other part of the process, I do not hesitate cannot be said that the use of it mixed with to assert, that the Mechanics' Magazine coke in such a proportion is a mere colour. would be in possession of the very best me able evasion. The plaintiff is in this dilemma. thod of casting, grinding, polishing, and If his patent is for the use of stone-coal figuring specula for reflecting telescopes, alone, without any admixture of other fuel, that has appeared in print.

then the defendants have not infringed it ; I remain, Sir, your obedient servant,

if, on the other hand, it is for the use of

ROBERT Jones. Xeveastle, January 19, 1842.

stone-coal in general, whether alone or

mixed, then it is void for want of novelty. P.S.—Perhaps Mr. Lassell would favour

Next come two questions, which though us with a description of his “ Observatory' technically distinct, do in fact involve each lately erected at Starfield, near Liverpool. other-is the plaintiff the first inventor? and

is the subject-matter of his patent a new ma

nufacture within the statute ? Mr. Neilson IMPORTANT PATENT LAW CASE. had already a patent for the hot-blast, which Crane y, Price and others.

had been extensively used under license from This case, of the greatest importance to all him; and except by him, or under license patentees, as well as to the particular parties, from him, there is no evidence of any hot. and to the iron trade in general, occupied the blast whatever having been used in the kingattention of the Court of Common Pleas dom. The plaintiff had himself taken out a during three days of last week. The plaintiff's license from Mr. Neilson. How, then, does patent, dated 28th September, 1836, was for the plaintiff's case stand ? Mr. Neilson, by an improvement in the manufacture of iron, his specification, tells all the world, the and the specification claimed as the inven plaintiff among the rest, that this hot-blast tion, “ the application of anthracite, or stone is an invention of the greatest importance coal, combined with a hot air blast, in the for the smelting of iron. The plaintiff tries smelting or manufacture of iron from iron. it with anthracite, and it succeeds; and then stone, mine, or ore."

he says, “ This is my invention, I will have At the trial, before the Lord Chief Justice a patent for it.” But Mr. Neilson's patent Tindal, the verdict was found for the plaintiff, is not for the use of the hot-blast with bitusubject to a special case.

minous coal, or with any other particular Mr. Sergeant Bompas and Mr. Rotch for sort of coal ; it is for the use of it to blast the defendants.—There has been no infringe furnaces, all furnaces whatsoever. Here is ment of the plaintiff's patent. The defend. no new manufacture, no experiment was ants admit that they have used anthracite tried, no expense gone to; Mr. Crane takes mixed with common coal, but what the out a license to use Mr. Neilson's hot-blast, plaintiff's specification claims is, the use of tries it with anthracite, finds, as Mr. Neilson anthracite alone. To constitute an infringe had told him in his specification, that it ment of the plaintiff's patent, the anthracite would succeed, and takes out his patent. must be used either alone, or with such a There is no pretence for saying that Mr. small admixture of ordinary coal as would Crane is an inventor, or that this is a new be merely a colourable evasion. The mere manufacture. Here is a known material, use of anthracite is not new,

In some

used in a known manner, for a known purparts of the coal fields, the anthracite is so pose, the manufacture of iron. All the mixed up with common coal, that the use of world knew that the hot-blast could be used some portion of it along with the other coal for the manufacture of iron; that anthracite could not be avoided ; and that some use has could be used for the same purpose, though been made of it appears from the specifica not so advantageously by itself. There cantions of several patents. As, for instance, not, then, be a patent for using a thing, for of Martin's patent, June 23, 1804 ; of the same purpose, in a way which every one Harper's patent, August 28, 1824 ; of Phi. knows. All that the plaintiff has done was lip Taylor's patent, February 28, 1826; of in the mere ordinary course of using NeilBotfield's patent, April 2, 1828. The an. son's hot-blast; he has only followed up thracite could only be used under peculiar that which Mr. Neilson, by his specification, circumstances; it could not be used at all had told him was useful, and he has done with equal advantage ; but some use of it nothing else whatever. could be made. Now, the defendants have Next, the nature of the invention is not used anthracite with coke, in the proportion sufficiently described in the specification ; of about 5 cwt. of the former to about 9 for anthracite cannot be used with any real cwt. of the latter. It is impossible to call advantage in the ordinary large furnaces, such an use of anthracite an infringement of and therefore to make that specification

good, it should give some explanation with As to the result of the process, respect to the sort of furnace required. It The quantity of fuel used is less, the is not denied that anthracite may be used yield of the furnace is greater. The iron both in large and small furnaces; but as it produced is superior in quality. It is a new can be used more advantageously in small species of iron, such as has never before than in large furnaces, the plaintiff ought to been produced in this country, or in any have pointed that out in his specification. other, from coal, more nearly resembling the The plaintiff's patent is also void as an in iron from vegetable charcoal than any other. fringement upon Neilson's, by reason of the Its superiority to ordinary iron is proved by express proviso in the patent, that it shall the evidence of several witnesses, both as not interfere with any previous patent. The respects the uses to which it is applicable, plaintiff's patent is an interfering with the as chain-cables, and the comparative strength patent of Neilson, which was for the use of of this and ordinary iron. Thus a better hot air generally, in all furnaces whatsoever. and a cheaper iron, and in fact a new article

The Attorney-General, Mr. Vaughan Ri. of commerce, has been produced. But it is chards, Mr. Montague Smith, and Mr. said that there is not a sufficient amount of Webster, for the plaintiff.–With respect to invention. How otherwise is the amount of the question of infringement, it is uncertain, invention to be measured than by the magon the evidence, whether the defendants were nitude of the result? The test is not so not using all anthracite ; but supposing it much the amount of merit in the inventor not to have been so, the use of ths of that as the amount of benefit from the invention. fuel in the manufacture of iron, in combina What merit is there in the mere receiver of tion with the hot-blast, is a piracy of the a communication from abroad? And yet plaintiff's invention. Would the defendants he is entitled to a patent. Some most imhave used anthracite at all, had they not portant inventions have been the result of been taught to do so by the plaintiff's speci. mere accident. The omission of the mannfication ; did any person so use it? Was it dril, in Russell's patent, was the device of known as a fuel to be beneficially employed an idle workman to save himself trouble. in the manufacture of iron? The evidence The method of making water tabbies was shows that the best iron is made by the use discovered by the accident of a man's spitof all anthracite; the defendants are con. ting on the floor. But, in fact, it did retented with part of the advantage, in hopes quire thought and consideration to judge of evading the plaintiff's patent right. The what the result of the application of the plaintiff has discovered a new fuel for a par hot-blast to anthracite would be. It was ticular purpose; the use of any substantial necessary to consider what the effect of the quantity of that fuel is an infringement of hot-blast would be on the anthracite ; what his right. The plaintiff's claim is generally sort of iron would be the result, The to the use of anthracite beneficially for the proper degree of heat was to be considered ; purpose of smelting iron, and the specifica the proper proportion of coal and ore; the tion describes the manner in which it is to proper size of the pieces of anthracite ; all be so used. As to the novelty of this in of which are described in the specification. vention, the specifications of former patents It is important to remark that the iron made go a long way to prove the plaintiff's case. with hot-blast and common coal inferior It was a great desideratum to be able to use to that made with cold-blast, while that this anthracite; numerous attempts were made with hot-blast and anthracite is supe. made, patents were taken out for supposed rior. Does Mr. Crane prevent any one methods of using it, but they all failed. The from doing what he did before?

There is, use of anthracite at Abercrave was a signal tben, novelty in his invention. The objecfailure ; iron was made by the use of anthra tion is, that this is not a new manufacture cite, but it was at a loss of from 21. to 41. within the statute. The cases which inter. per ton ; and the iron made was so bad, pret those words show,

material tender, and short, that it was got rid of with modification of the manner of making a the greatest difficulty, the attempt soon merchantable commodity, producing an im. abandoned, and the furnace given up. There provement in it, is a new manufacture, even is no single instance, before the plaintiff's if all the substances used were known and patent, of anthracite ever having been used used before, provided they were not 80 used. beneficially. If so, how came its use to be In Daniel's patent, the method of shearing abandoned, or the discovery of the method cloth from end to end with a rotary cutter of using it so great a desideratum. The was known; the method of shearing it from material existed in abundance, but nothing list to list with shears was known; a patent was done with it; the instant that Crane's for shearing from list to list, with the same patent becomes known, the value of the rotary cutter, previously used for shearing whole anthracite district is increased beyond from end to end, was sustained, In the all pctimate.

case of Hall's patent, the use of gas to pro.

that any


111 doce a flame was known; the flame of oil of Diffusion, I perceive there is an error in had been used to singe off the fibres from lace, the column, page 88, where it is stated that rat a patent for the application of the flame Mr. Armstrong," wrote to my agent, stating, of gas to that purpose was sustained. In among other things, as follows,'' &c. This, Deroane's patent, which was for the appli I am informed, was not the fact Mr. Armcation of charcoal as a filter for sugar, there strong having consented to the paper written ras nothing new in the method of using the by the solicitor, and a day and hour having charcoal as a filter, or in the sugar produced ; been named, (more than once, I believe,) for but, though this was litigated on other the signing, after much alteration, and grounds, the question of its not being a amendment; but which, for reasons which proper subject of a patent was never raised. will appear hereafter, he avoided. The real questions in respect of Neilson's

I am, Sir, yours, &c., patent are, Is the plaintiff's hot-blast the

C. W. WILLIAMS. same as Neilson's ? The fact of his having Liverpool, Jan. 31, 1842. taken out a license is not conclusive ; for he might take a license and not use it. Did Neilson contemplate the use of anthracite as

ABSTRACTS OF SPECIFICATIONS OF ENGLISH fuel ? Could his apparatus produce the

PATENTS RECENTLY ENROLLED. temperature of 600° Fahr.? Could Neilson, WILLIAM Thomas BERGER, OF UPPER following his own specification, have smelted HOMERTON, GENTLEMAN, for improvements iron with anthracite ? It was said in the in the Manufacture of starch. Enrolment case of Crossley's patent that the terms of a Office, Dec. 23, 1841. patent must be taken with reference to the These improvements relate to a new mestate of knowledge at the time. Neither thod of manufacturing starch from rice,-in Neilson, nor any one for eight years after the first place, by the application of an his patent, appears to have contemplated the alkali,-secondly, by the means of fermenuse of anthracite as a fuel for smelting iron tation,-and, thirdly, by a combination of in furnaces. The proviso in the patent both the foregoing : and also to a new mode simply means that, if a patent be granted of bluing starch. for an improvement on a subsisting patent, In the first process for making starch, the second patentee must either wait for the 112 lbs. of rice are soaked for two days in expiration of the first patent, or get a license water, which is then drawn off, and the rice under it. No real objection can be made reduced to a cream, or pulp. A solution to the sufficiency of the specification. It of 7 lbs. of carbonate of soda in 34 gallons is said that the kind of furnace best cal of water, is then added to the rice pulp, and culated for the purpose is not described. the mixture stirred every four hours for fifty The ordinary furnace, which can be, and is or sixty hours. After standing twelve or used for the purpose, is referred to. It would eighteen hours longer, the top liquor which bave been impossible at once to describe the contains the gluten is drawn off, and a second kind of furnace; it would have required the dose of carbonate of soda administered, and experience of a life to arrive at the know the stirring and standing repeated, after ledge of it; but the plaintiff has described it which the gluten is removed and the starch according to the best of his knowledge at the finished off in the usual manner. time; and the invention can be and is worked In the second process, any given quantity according to the specification. There is, then, of rice is placed in a suitable vessel and no valid objection, either in law or fact, to covered to the height of 6 or 9 inches with the plaintiff's right; no one is prejudiced ; water for fourteen days; the water is then Neilson is greatly benefited by the extension drawn off and the rice spread 6 or 9 inches of his principle; the public and the nation deep on a clean wooden floor or racks, and at large are benefited by the introduction of frequently turned to prevent heating : when these new articles of commerce, or by ob soft, the rice is levigated and finished off in taining iron of better quality, and at less

the usual manner. În lieu of the foregoing, cost; the plaintiff has been at all the costs which the patentee terms the malting proand charges of the introduction of this new cess, he states that he sometimes obtains the manufacture into the realm, and is entitled requisite fermentation and decomposition of to reap the benefit which will accrue from the gluten by soaking the rice in water for the judgment of the Court in his favour. five or six weeks. If the colour of the

The Court took time to consider their starch thus produced is not good enough, it judgment.

is heightened by means of a chloride of lime or of soda,

The third process consists of a combina

tion of the foregoing, by treating the ferSir,- In my letter inserted in the last mented pulpy rice with an alkaline salt. Magazine, on Mr. Armstrong's New Theory The process of bluing starch, is effected


by the use of artificial ultramarine, taking and the object of the present improvement care, that if any free acid remains in the is, to subject an increased quantity of goods starch, to neutrulize it by an alkali.

to the action of the fire at one and the same The claim is—1. To the above mode of time, and thereby economise the fuel. For manufacturing starch from rice, by the ap this purpose, a cylindrical oven is formed, plication of an alkaline salt, whereby the with a dome-shaped top, with a series of gluten and starch of rice may be separated, fire-places disposed around it, of a size and as above described.

number proportioned to the magnitude of 2. To the mode of manufacturing starch

the oven.

The heat is led into the interior from rice, by submitting grains of rice to of the oven by suitable flues, and a ledge or soaking in water and fermenting processes. shelf is carried round the inner wall, upon

3. To the mode of manufacturing starch which a circular stack or tier of saggars, from rice, by the combined application of an (earthen frames for containing the wares to alkaline salt, and a process of fermentation. be fired, called by the workmen bungs,)

4. To the mode of colouring starch by the while other tiers of the same are disposed application of artificial ultramarine.

about the floor in the ordinary way. In anWILLIAM KNIGHT, or DURHAM-STREET, other form of oven, the ledges are not em. STRAND, GENTLEMAN, for the invention of ployed, but the flues are so disposed as to an Indicator for registering the number of admit the heat between the several circles of passengers using an omnibus or other ve. the saggars. The ovens thus constructed are hicles. Enrolment Office, Dec. 28, 1841. equally applicable either to the biscuit-bak.

This invention consists of a counting or ing, or to the gloss, or glazing process. registering apparatus, contained in a box or The claim is to the construction of ovens case affixed to the side of the vehicle, which with one or more ledge or ledges, as shown, apparatus is acted upon by the axle of a re and also of ovens without a ledge or shell, volving shaft, placed across the upper part but with flues or vents either raised above of the door way or entrance to the vehicle. the floor of the oven, or not at all raised, Through this shaft are placed two pairs of but with simple openings in the floor; wherearms or levers, sliding at right angles to by the patentees are enabled, in each of such each other, one pair lying horizontally under several modes, to place one or more circles the roof, while the second pair hang down of saggars behind the flues or vents, and against the door, and are moved by each thereby to enlarge the capacity of the oven passenger that enters the vehicle : thereby for the process of firing, without the excausing the ratchet wheel to be moved one penditure of any extra quantity of coal or tooth, which numbers one on the units cy other fuel. linder.

The claim is to the combination of a counting apparatus, with an apparatus for

Patent Iron Mason.- A machine under this name,

(for which a patent has just been taken out,) is about causing the said counting apparatus to re

to be erected in one of Mr. Nelson's quarries, at gister the number of passengers travelling in Woodside, Glasgow. The stones go into the muan omnibus or other vehicle; such last men

chine rough as they come from the quarrymen's tioned apparatus being a revolving shaft,

pick, and come out polished ashlar on the surface,

and cut parallel and square on the sides, fully pre placed across the upper part or roof of the pared for the builder, and this at an expense of not vehicle near the door way; such shaft having

more than a fourth of work done by hand. The two pairs of arms or levers sliding through at

present machine is calculated to do the work of 950

men, reckoning only six hours' work out of every right angles to each other, and when at rest, .ten. The machine has been constructed by Messrs. one of the pairs of arms lying horizontally P. W. M'Onie and Co., engineers, Scotland-street, under the roof, while the other pair hangs

Tradeston, the design and arrangements being the

work of Mr. P. M.Onie, of that firm. We under down against the door way, to form an ob. stand the machine, with the experimenting and struction which must be moved out of the patents, has cost 1,0001., although new machines of way by the passenger on entering and leaving

the same size can now be made for one-third of

that sum, and smaller ones proportionably cheaper. the vehicle.

-Glasgow Practical Mechanic. John VENABLES, OF BURSLEM, Star. The Hannibal.-The keel of a 90-gun ship, to be FORDSHIRE, EARTHENWARE MANUFAC. thus named, has been laid on the stocks from which

the Trafalgar was launched, in Wool wich DockTURER, AND JOHN TUNNICLIFF, OF THE

yard, and a number of workmen are actively enSAME PLACE, BRICKLAYER, for a new and gaged in preparing the materials necessary for her improved method of building and construct.

construction. The Hannibal will be a splendid res

sel, on Sir William Symond's plan, and have a great ing vens Oused by potters and china manu.

breadth of beam, for which all the vessels designed facturers in the firing of their wares. En.

by the present Surveyor of the navy are distinrolment Office, January 18, 1842.

guished. The dimensions of the Hannibal are to be as follows:

ft. in. The patentees state, that the furnaces

Length on gun deck

204 0 ordinarily employed by potters consume an Breadth, extreme .....................

60 0 extravagant quantity of fuel, relatively to

for tonnage ..................

S9 2 moulded

38 4 the quantity of ware which they contain ;

Depth in hold


23 8

LONDON : Edited, Printed, and Published by J. C. Robertson, at the Mechanics' Magazine Ofice,
No. 166, Fleet-street.-

Sold by W. and A. Galignani, Rue Vivienne, Paris;
Machin and Co., Dublin : and w. C. Campbell and Co.. Hamburgh,

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