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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

Wheel

................... 3 years
1256,7 Talbot and Sons
Carpet .....

1
1258 Robert Yeates
Leeching and Cupping Instrument

3
1259,64 H. and J. Dixon
Carpet

1
1265 Southwell and Co.
Ditto

1
30 1266 James Edwards

Sauce boat, earthenware or china

......... 1
1267 Ditto .................................
Tureen.

1
1268 Ditto
Vegetable Dish

1
1269 Benjamin Nickels
Button

3
1270,3 Ditto
India Rubber.

1
1274
Perry and Sons
Metal Jug

3
31 1275 Walton and Co.

Metal Tripod

3
1276
Charles Rowley
Candle Wedge

3 June 1 1277 Samuel Eaton .................... Machine sweeping brush

3 2 1278 William Nunn....

Stove-front

3
1279 Southwell and Co.
Carpet

1
1280 J. F. Empson .......

Button ................................................. 3
3 1281 Thomas Humphries Carpet

................................ 1
1282
Lea and Co. .......................
Ditto

1
1283 W. H. Place

Rake

............... 3
6
1284 Samuel Ackroyd
Stove

3
1285 C. and J. Field

Metal sustainers or supports for wax
lights

3
1286 James Carpenter............... Currycomb .........................................

3 1287

John Charles Dennis ......... Sextant limb ......................................... 3 1288 Newcomb, Son, and Jones Carpet

1
7 1289 Joseph Tonks

Hook and eye........................................ 3
1290,3 Matthew Mallon............... Envelope................................................ 1
1294 Henry Cockey
Flue-door

3
1295,6 Morton and Co.

Carpet ................................................ 1 9 1297 Butcher, Worth and Holmes Ditto

1 1298 Henry E. Hoole

Fender...

................ 3
1299 G. M. Braithwaite
Chimney cap

3
10 1300 Morton and Co.

Carpet

1
1301
Isaac Hellyer
Chimney cowl

3
13 1302 W. H. Phillips.................. Metal balance

3 1303 John Neill...

Chimney-sweeping machine .................. 3
1304 Spilsbury, Butler and Co.... Window blind

3
1305 J. C. Aston
Concave gas reflector

3
1306 D. L. Lewis
Piston for water-closet....

3
1307 William Jeffery

Rope revolving grip for railway carriages 3 15 1308 Edward Perry

Waterford spittoon

3
1309 David Davies

Carriage-spring ...................................... 3
1310 William Jeffery
Catch for rope grip

8
16 1311 George Kershaw................

Micrometer balance.. ............................ 3 17 1312,13 G. Riddle

Money balance

3
1314 T. and W. F. Ross
Brush

1
20 1315 Lea and Co. ...

Carpet ........................................

1
1316
Henderson and Co.............. Ditto

1
1317 Joseph S. Evans ................ Book writing-desk

1
1318 W. Marr
Scale and balance

8
21 1319 W.C. Wynn and Co. Instrument for crushing and mashing... 3
1320 Firman Fuller

Cattle tube ...............
22 1321
J. Kitely
Carpet

1
1322 Howard and Co. ................. Princes cover........................................

3 (AGENTS FOR EFFECTING REGISTRATIONS, WESSRS. ROBERTSON AND ¢o., 166, YLEET-STREET.)

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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.

INDEX

TO THE THIRTY-SIXTH VOLUME.

Academy of Sciences, French, 20!
Acbar steam frigate, 416
Adams's bow springs and spring buffers,

208, 480
Aerostation, 384
Agriculture, foreign, 294
Aikin's rotary steain engine, 267
Aingworth's improvements in buttons, 315
Air, pure, test of, 335

pump, Lover's, 376
Alumine, sulphate of, manufacture of, by

Funckc's process, 445
American timber, 1l
Ammonia, Young's improvements in the

manufacture of, 413; Newton's, 496
Andrews' (W. W.) coffee-pot, 93
Animals differently affected by the same

vegetables, 288
Anthracite, Crane's appl ation of hot blast

to, in the smelting of iron, 109, 494, 507
Anti-John Scott Russell steamer, 240, 253,

264
Apartment, largest in the world, 480
Arches, Gibbs's mode of constructing, 1
Archimedes and his lerer, 272
Archimedes steamer, 26
Archimedean screw, 26, 106, 149
Argand furnace, Mr. C. W. Williams's,
319, 363, 374. (See also Combustion.)

lamp, Hemmenway's, 444
Armstrong, Robert, Esq. C. E., on diffusion

of gaseous bodies and Mr. C. W'. Wil.
liams's furnace, 37, 62, 86, ill, 187,

203, 233
Arsenic detected by voltaic precipitation,

512
Artesian well at Grenelle, 191, 202, 230

wells, effect of the tides on, 295
Atlantic and Pacific, canal between, propos-

ed, 80
Atinospheric pressure engine, 319
Atmospheric railway, 233, 479, 480
Atmospheric Mar ne Engine, 502
Axletrees and axletree boxes, De Bergue's

improvements in, 190
Axles, broken, experiments with, 479,

485

Baddeley, Mr. W.; freezing of water-pipes,

19; protection from fire, 58, 85, 221;
mechanical chimney sweeping, 68, 101,
150; Hartley's fire proof plan of build-
ing, 85; Harper and Joyce's stoves,
99; bursting of gas pipes, 120, 154 ;
fire preventiv cement, 85, 134 ; London
fires in 1841, 162; Walker's water ele.

vator, 209, 330
Bain and Wright's electrical clocks, 48 ;

electro-magnetic railway controller, 96,

97
Baker, Mr. W. B.; water-pressure engine

at Illsang, in Bavaria, 299
Bands, Edwards's, for machinery, 413 ;

Newall's, 414
Barratt's processes for coating by precipi.

tation, 476
Barometer, new, by Dollond, 320
Barré's improvements in manufacture of

sail cloth, 318
Baths, Poole's improvements in, 76
Bedsteps, Macaulay's insproveinents in, 381
Belgian locomotive engine (Deridder's), 113
Belgium, steam engines in, 128
Bentall's improved plough, 44
Berger's process of manufacturing starch,

111
Bethell's process of preserving wood, 409
Beyse, Mr. A. W.; true principles of velo-

city in steam navigation and Joest's pro-

pellers, 422, 464
Bigelow's power loom, 78
Binnacle, magnetic, Payne's, 319
Birkbeck Testimonial, 351, 361
Birmingham and Gloucester railway, per-

manent way of, 298
Biscuit-baking, expeditious, 420
Black sea, steam navigation of, 368
Blast furnaces, gases evolved in ; Bunsen's

researches, 229
Blasting rocks by galvanism, 68, 320, 353,

474
Blaxland's propeller, 449, 475, 487
Blowpipe lamp for workshops, 257
Boats, machinery for steering; Evartz's,

444; Hunt's, 456, 502

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Boats, Holcroft's portable and safety, 337 Carpenter, Capt. ; application of bis pro
Bookbinding, Whittaker's improvements in, peller to the pinnace of the Geyser steam
253

frigate, 126, 329 ; to canal navigation,
Booth's (J. C.) improvements in manufac 364
ture of leather, 445

Carriage on rollers instead of wheels, 385,
(J. P.) patent for down wadding, 474
463

Carriages and roads, resistance and wear of,
Boustead, Mr. John ; description of a dou-

200
ble factory roof, 410

Carr's improvements in steam engines, 189
Bowsprings and spring buffers, Adamsos, Casebourne, Mr. Thomas ; description of
208, 480

Ulster canal, 298
Brazendale, Mr. M. J.; self-inking print Casks, Brown's metallic, 143

ing press, 155 ; new method of orna. Cayley, Sir Geo., Bart., on the Paris rail.
menting fancy cutlery, 261; new method way accident, 397
of producing daguerrotype engravings, Cement, Fire-Preventive Company's, 85 ;
262 ; lowering the lights in engraving, Martin's, 96
415

for silk, wanted, 251
Bridges, Gibbs's improved system of build-

Jeffrey's, 336, 352
1

magnesian, 336
Indian method of laying founda Cements; Col. Pasley's Treatise and Mr.
tions of, 331

Frost's experiments, 310
skew, 410

Centrifugal railway, 360
Brighton breakwater and harbour of re Ceylon, pearl fisheries of, 144
fuge ;

Mr. Wigney's plan, 70, 193 Chalk, attractive of humidity, 106
Britten, Mr. J., on Parkes's theory of the Chambers and Franklin's improvements in
percussive action of steam, 89

buttons, 238
Bronze, ancient, 384

Chapman, Mr. John, C. E., on Henson's
Brown's (Sir Samuel) plans for propelling, condensing steam-engine, 36
92

Chelson meadow sluice, 302
(S.) metallic casks, 143

Chest expanders, Harwood's, 286
(P.) stoves,
464

Chesterman's filtering apparatus, 92
Budd, Mr. Theo ; description of Chelson Cheverton, Benj., Esq. ; Practice and Prae-
meadow sluice, 302

ticians 0. Mathematics and Mathemati.
Budding's grass-mowing machine, improv cians, 55; Paris railway accident, 433
ed, 400

Children's Employment Commission, Re-
Bude light, 48, 106, 108, 419

port of, 426; Lord Ashley's Bill, 479
Buffers, Adams's, 208, 480 ; Mallet's, 105, Child's improvement in lathes, 248
138, 212

Chimney sweeping, mechanical, 68, 101,
Building, Hansom's new system of, 265 135, 150, 252, 394
Bulkley's mode of stopping leaks in hose, Chlorine, Lee's process of manufacturing,
126

142
Burnham's “ Locomotive Steamer," 442 Civil Engineers, Institution of, proceedings
Buttons, clay, Prosser's, 80

of, 298, 331, 403
-, Chambers' and Franklin's improve Clark's moveable loading muzzle, for rifles,
ments in, 238

78
-, Aingworth's, 315

Clay buttons, Prosser's, 80
Bynner's improvements in lamps, 382 Clegg's Treatise on gas-lighting, 387

Clegg, Sam., sen., Esq., C. E.; his services
Cambrian engine (Jones's), 487, 502

to gas-lighting. 387
Canal navigation, improvement of, 121 Cliff crane (Johnston's) for rescue of per.
Ulster, 298

sons shipwrecked, 482
Maine and Danube, 368

Cloth, new, from old clothes, Daniell's
Candlesticks and candleholders, Steven's mode of manufacturing, 127
and King's, 30

Cloth, waterproof, 201
Candle-holder, spring, 136

felted, improvements in the manu-
Candles, Palmer's improvements in, 464 facture of, 349
Carboline, new species of fuel, 142

Coal, properties and combustion of, 4, 20,
Carbonic oxide, application of, to heating
purposes, 4, 23

in Borneo, 80
Carding machine, Crane's, 444

in France, 230
Carnelians, cooking, 208

mines, state of labour in, 426
Carr and Ryle's improvements in staining Coathupe, Č. T., Esq, ; his mercurial meter
glass, 382

convertible into a lubricator, 44

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