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in Neilson's specification, from that de to support this proposition; and the case scribed or referred to in the plaintiff's; or which was before Lord Tenterden, and to say that the using by the plaintiff of the in which he held that where an action pas invention described in his specification was brought for improvements in a former patent any other than a using and imitating of the granted to another person, and still in force, invention described in Neilson's specification. that the plaintiff must produce the forme The plaintiff, indeed, worked by licence under patent and specification, that at least affords Neilson's patent at the time of his discovery: a strong inference that the second patent on this fifth issue, therefore, we think the was good ; Lewis v. Davis, 3d Carrington, verdict should be entered for the defendants. and Payne and Harmer v. Payne, 11th East, Then arises the question-whether the plain are clear authorities on the same point; and tiff is or is not entitled to the judgment, not upon reason and principle there appears to withstanding the verdict on the fifth issue ; be no objection. The new patent, after the on which point the argument on the part of expiration of the old one, will be free from the defendants is, that the taking out a patent every objection; and whilst the former exists, for an invention, which invention cannot be he new patent can be legally used by the used or enjoyed by the public, except by public, by procuring a licence from Neilson, means of the former invention of another or by purchasing the apparatus from him or person, which former invention is itself the some of his agents; and the probability of subject matter of a patent still in force, is the refusal of a licence to any one applying void by law. Undoubtedly if the second for it is so extremely remote, that it cannot patent claims, as part of the invention de. enter into consideration as a ground of legal scribed in it, that which had been the subject objection. On the whole, therefore, we matter of a patent then in force, it would be think the verdict is to be entered for the void, on the double ground that it claimed plaintiff on all the issues except the fifth; that which was not new (which, indeed, that the verdict is to be entered for the deWould equally be the case if the former patent fendants on the fifth issue ; but that, nothad expired): and also that it would be an withstanding such verdict, the judgment must infring ement of, and inconsistent with, a be given for the plaintiff. former grant of the king still in force, which latter consideration alone would make a new
Court of Queen's Bench. grant void. But in this case there is an ex.
Westminster, June 16, 17. press disclaime'r of any part of the invention
(Before Lord Chief Justice Denman and to the use of the hot-air blast, which was
a Special Jury.) covered by Neilson. 's patent, the specification describing that the application of the hot-air
The Queen v. Walton. blast was well under tood, and extensively This was a scire facias to repeal a patent applied, in many places where ordinary fuel which the defendant had taken out in 1834 is employed. The validity, therefore, of the for the application of India rubber to the plaintiff's patent cannot be impeached on manufacture of flexible cards for the carding either of the grounds above allverted to. Un. of cotton and other fine wool. less, therefore, the grantee of the new letters. The Solicitor General (with whom were patent is bound by law to specify whether Mr. Thesiger, Mr. R. V. Richards, Mr. such former invention which is excepted, was Couling, and Mr. Cardwell) appeared upon so excepted on the ground of its being gene the part of the Crown, and stated that the rally known and used by the public, and on alleged invention of Mr. Walton was known the ground that it was the subject of a patent, as early as the years 1825 and 1826, in the that secured the use of it to a former paten latter of which years Mr. Faraday gave a tee, the new patent will be good; but that full explanation of it in a discourse addressed distinction is as much in the knowledge of to the Royal Institution, which was after. the public as the grantee of the patent. If, wards printed in the Journal of Science and indeed, the new patent had been taken out Art in the same year. The case of the defor improvement or alterations in an inven. Sendant is, that the proportions of the com. tion secured by a former patent, then for bination for which he has taken out his paobvious reasons greater particularity would ten, as well as the result, efficacy, and be necessary to distinguish the new from the utility of the composition, are snch as to old. But the present specification expressly entitle it to the character of a totally new says—" I take the whole of the invention, invention. already well known to the public, and I com Sir T. Wilde, Mr. Sergeant Bompas, and bine it with something else.” Now, it is Mr. Addis on appeared for the defence. further argued, that in point of law no A great number of witnesses were called patent can be taken out which includes the case occupying the Court two entire days the subject-matter of a patent still run after which the Jury found a verdict for the ning or in force. No authority was cited Crown, thereby annullin the patent.
PIRACY OF DESIGNS. At a Petty Sessions held at Patrington, on piratical imitation of their invention. The the 21st of May last, by Mr. Sykes, and magistrates, after hearing evidence and exanother magistrate, Messrs. R. and F. amining the provisions of the Act of ParliaGrassby, proprietors of an improved form ment on the subject, found the charge proved, of plough, registered, January 14, 1841, and fined the defendant five pounds with two No. 530, made a complaint against John pounds costs. Westerdale Owthorne, of Holderness, for a
LIST OF DESIGNS REGISTERED BETWEEN MAY 27TH, AND JUNE 22ND, 1842. Date of Number
Time for which Registra- in the Registered Proprietors' Names. Subject of Design.
protection tion. Register.
is granted. 1842. May 27 1255 S. W. Smith
................... 3 years
Sauce boat, earthenware or china
3 June 1 1277 Samuel Eaton .................... Machine sweeping brush
3 2 1278 William Nunn....
Button ................................................. 3
Metal sustainers or supports for wax
John Charles Dennis ......... Sextant limb ......................................... 3 1288 Newcomb, Son, and Jones Carpet
Hook and eye........................................ 3
Carpet ................................................ 1 9 1297 Butcher, Worth and Holmes Ditto
1 1298 Henry E. Hoole
3 1303 John Neill...
Chimney-sweeping machine .................. 3
Rope revolving grip for railway carriages 3 15 1308 Edward Perry
Carriage-spring ...................................... 3
Micrometer balance.. ............................ 3 17 1312,13 G. Riddle
Cattle tube ...............
3 (AGENTS FOR EFFECTING REGISTRATIONS, WESSRS. ROBERTSON AND ¢o., 166, YLEET-STREET.)
LIST OF ENGLISH PATENTS GRANTED BETWEEN THE 28TH OF MAY, AND THE 2321)
OF JUNE, 1842. William Young, of Queen street, lamp-maker, Philip Jacob Kayser, of Gracechurch-street, mafor improvements in lamps and candlesticks. May nufacturer, for improvements in the construction of 28; six months.
lamps. May 31; six months.
Henry Phillips, of Exeter, chemist, for improve from wool, and woollens dyed with indigo. (Be ag ments in purifying gas for the purposes of light. a communication.) June 13; six months. May 31; six months.
William Cotton, of Leytonstone, Esser, Esquire, Richard Watson, Jun., of Cloth-fair, gas fitter, for an improved weighing machine. Jaae 13; tv for improvements in draining land embankments, months. and cutting of Railways and other engineering Daniel Williams, of Oxford, Slater, for improve works. May 31: six months.
ments in covering ridges and hips on the roa's st Henry Wilkinson, of Pall Mall, gun-maker, for buildings. June 13; six months. improvements in unloading shipping, especially Isaac Moss, of Macclesfield, Cheshire, silk trin those vessels called colliers. May 31; six months. ming manufacturer, for improvements in the na
Louis Nicholas de Meckenheim, of Vienna, but nufacture of covered buttons, ornaments and fastea. now of London, engineer, for improvements in the ings for wearing apparel. June 13; six months. manufacture of iron. May 31; six months.
William Morrett Williams, of Bedford-place, Henry Beaumont Leeson, of Greenwich, doctor Commercial-road, and of 163, Penchurch-street of medicine, for improvements in the art of depo lock manufacturer, for certain improvements in the siting and manufacturing metals and metal articles construction of locks and keys, which he proposes by electro-galvanic agency, and in the apparatus to call “ Williams' Lock and Key improved." Jans connected therewith. June 1; six months.
13; six months. William Henry Kempton, of South street, Pen Henry Hough Watson, of Bolton-le-Moors, cortonville, gentleman, for improvements in the ma culting chemist, for certain improvements in bleuch. nufacture of candles. June 1; six months.
ing, changing the colour of, and otherwise prepare James Reed, of Bishop's Stortford, statuary and ing, purifying and refining tallow, and certain ober mason, for improvements in tiles, slating, and the organic substances, mixtures, compounds, and maconstruction of water-tight joints, and in the cover nufacturez. June 21 ; six months. ing and causing of buildings and other erections. Joseph Bunnett, of Deptford, Kent, engineer, fat June 2; six months.
certain improvements in pavements, for streets, Henry Jubber, of Oxford, confectioner, for cer. roads and other surfaces, and in machinery for pro tain improvements in kitchen ranges, and appara. ducing and repairing the same. June 21; siz tus for cooking. June 2; six months.
months. Benjamin Xingworth, of Birmingham, gentle. John Dickson, of Brook-street, Holbom, engineet, man, for certain improvements in the manufacture for improvements in rotary engines and boilere, in of glass, for the purpose of producing glass which stopping railway carriages, and in machinery for may be used for the purposes to which plate glass propelling vessels, part of which improvements are and window glass are usually applied. June 4; six applicable to propelling air and gases. June 21; months.
six months. Edmund Tuck, of the Haymarket, St. James's, Frederick Gye, jun., of South Lambeth, gent. Westminster, silversmith, for certain improvements for improvements in binding pamphlets, papers in the covering or plating with silver various and other documents. June 21, six months. metals and metallic alloys. June 4; six months. Thomas Gaunt, of 10, Dalby Terrace, City Road,
William Irving, of Regent-street, Lambeth, en gent., for improvements in the means of applying gineer, for an improved corn drill, or machine for any such power as is, or may be used for propelling sowing all kind of seed or grain. June 7; sis vessels or carriages to produce locomotion thered months.
June 21; six months. John Woodcock, of Manchester, millwright, for Henry Bewley, of Dublin, licentiate apothecary certain improvements in the construction of steam and chemist, for an improved chalybeate water, engines. June 7; six months.
Jane 23; six months. James Nasmyth, of Patricrost, near Manchester, engineer, for certain improvements in machinery or apparatus for forging, stamping, and cutting Application oj Voltaic Precipitation to the deteriron and other substances. June 9; six months. tion of minute portions oj Arsenie.-In the course
Joseph Chatwin, of Birmingham, lamp-maker, of a recent lecture at the Medico Botanical Soc ety, for certain improvements in the construction of by Dr. Sigmund, on mineral and vegetable poiscas, cocks. June 9; six months.
the professor exhibited a process lately proposed John George Hughes, of No. 158, Strand, general by Captain Powell for the detection of ininute poragent, for a new application of telegraphic signals, tions of arsenic, by passing a current of electricity and the mode of applying the same. June 9; six through the solution suspected of containing it. months.
The experiment showed that if to a liquid in James Anthony Emslie, of the Borough and which arsenic is suspected to be present, potass County of Newcastle-upon-Tyne, civil engineer, for is added, and then submitted to voltaic action, certain improvements in pumps. June 9; six arsenic will be deposited on one side, on a plate months.
of copper inserted to receive it, and the potass Stephen Bencraft, of Barnstaple, gentleman, for on the other. Dr. S. observed that the idea was not improvements in the construction of saddle-trees. altogether new, for Dr. Paris, some years back, proJune 9; six months.
posed a somewhat similar test for mercury, and Arthur Howe Holdsworth, of Brook-hill, Devon, Sir Humphrey Davy had applied it to other metals. gentleman, for improvements in constructing cer Dr. Sigmund ihen proceeded to show the superiority tain parts of ships and vessels in order to arrest of this test over those used by Orola, in Madame the progress of fire, and for regulating temperature. Laffarge's case, which depended upon the imposJune 1l ; six months.
sibility of there being those adulterations in the Richard Garrett, of Leiston Works, Suffolk, means employed, which had been more thaa susagricultural instrument maker, for iinprovements
pected to exist on that occasion. in the construction of horse-hoes, scarifiers, dragrakes, and drills, for cultivating land. June 13; six months.
INTENDING PATENTEES may be supplied Thomas Banks, of Manchester, engineer, for gratis with Instructions, by application (postcertain improvements in the construction of wheels paid) to Messrs. J. C. Robertson and Co., and tyres of wheels, to be employed upon railways. June 13; six months.
166, Fleet-street, by whom is kept the only Moses Poole, of Lincoln's-inn, gentleman, for COMPLETE REGISTRY OF PATENTS EXTANT improvements in obtaining the colouring matter (from 1617 to the present time).
END OF THE THIRTY-SIXTH VOLUME.
LONDON: Edited, Printed, and Published by J. C. Robertson, at the Mechanics' Magazine Office,
No. 106, fleet-street.—Sold by W. and A. Galignani, Rue Vivienne, Paris,
Machin and Co., Dublin; and W. C. Campbell and Co., Hamburgh.
TO THE THIRTY-SIXTH VOLUME.
Academy of Sciences, French, 20!
pump, Lover's, 376
Funckc's process, 445
manufacture of, 413; Newton's, 496
to, in the smelting of iron, 109, 494, 507
lamp, Hemmenway's, 444
of gaseous bodies and Mr. C. W'. Wil.
wells, effect of the tides on, 295
improvements in, 190
Baddeley, Mr. W.; freezing of water-pipes,
19; protection from fire, 58, 85, 221;
vator, 209, 330
electro-magnetic railway controller, 96,
at Illsang, in Bavaria, 299
sail cloth, 318
city in steam navigation and Joest's pro-
pellers, 422, 464
manent way of, 298
444; Hunt's, 456, 502
Boats, Holcroft's portable and safety, 337 Carpenter, Capt. ; application of bis pro
frigate, 126, 329 ; to canal navigation,
Carriage on rollers instead of wheels, 385,
Carriages and roads, resistance and wear of,
Carr's improvements in steam engines, 189
Ulster canal, 298
ing press, 155 ; new method of orna. Cayley, Sir Geo., Bart., on the Paris rail.
for silk, wanted, 251
Jeffrey's, 336, 352
Frost's experiments, 310
Centrifugal railway, 360
Mr. Wigney's plan, 70, 193 Chalk, attractive of humidity, 106
Chapman, Mr. John, C. E., on Henson's
Chelson meadow sluice, 302
Chest expanders, Harwood's, 286
Chesterman's filtering apparatus, 92
ticians 0. Mathematics and Mathemati.
Children's Employment Commission, Re-
port of, 426; Lord Ashley's Bill, 479
Chimney sweeping, mechanical, 68, 101,
of, 298, 331, 403
Clay buttons, Prosser's, 80
Clegg, Sam., sen., Esq., C. E.; his services
to gas-lighting. 387
sons shipwrecked, 482
Cloth, new, from old clothes, Daniell's
Cloth, waterproof, 201
felted, improvements in the manu-
Coal, properties and combustion of, 4, 20,
in Borneo, 80
in France, 230
mines, state of labour in, 426
convertible into a lubricator, 44