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and also the modes ensuring a central placing and holding of the fabric in the die in making the button, and also temporarily connecting the shell h, or internal part, with the portion of fabric, whatever be the description of fabric on which a set pattern or ornamental figure or design may be produced.

History of the manufacture. The following evidence respecting the manufacture of covered buttons was given in the course of the subsequent legal proceedings.

Mr. Carpmael: "The first description of covered buttons was Saunders's Florentine button. It was made with dies and pressure; there was a plate of metal which formed the shape of the face, and there was some paper, and what was called a toothed collet, used; this collet was jagged all round, so that when forced in by the dies, the serrated or saw-like edge was caused to be clenched thereby against the internal plate, thereby holding the parts together. I never saw or heard of a

In witness, &c.

covered button previous to Mr. Elliott's patent, with a central figure made by dies and pressure; buttons with central patterns have been made before, but it has been by sewing a piece of silk or cloth over a mould. I never heard previous to Mr. Elliott's patent of any buttons made with velvet, or all over patterns made by dies or pressure."

In the subsequent legal proceedings the principal question was, as to the novelty of the application of the fabric of the soft or organzine silk. The plaintiff had a verdict, and an objection taken at the trial, that the invention is not the subject-matter of letters patent, was not moved afterwards. See post. See Saunders v. Aston, ante 75.

ELLIOTT v. Aston.

Cor. Coltman, J. Trin. V. 1840.

Sir F. Pollock stated the plaintiff's case. The object of the invention is the manufacture of buttons with central patterns and with a covering, the face of the surface being in relief, or with covers of a nature which will not bear pressure on their surface without injury. The plaintiff weaves certain fabrics in strips, and covered with small patterns within squares, so that they may be readily cut out-but he lays no claim to such fabrics per se; the same or very similar fabrics have been used for making buttons in other ways, but they have never been used for making buttons with dies and pressure. In the manufacture of buttons with dies and pressure, as previously practised, there was no means of placing a pattern in the centre, and the surface was injured by being pressed on; the two objects, then, of the patent are, the producing with dies and pressure ornamental buttons, with devices accurately centred, and the application of certain fabrics never before applied in that manner to such purposes.

Of the novelty and utility of the invention there can be no doubt; as soon as the buttons were in the market, the demand was so great, that they could not be supplied fast enough; the natural and necessary consequences of the introduction of a new manufacture followed; buttons were applied as ornaments to a great variety of new purposes, and trade was benefitted in other directions.

The third plea denies the novelty of the invention. Now the

only safe course is to inquire when the article came into general public and extensive use; if a general public use follows on the patent, and the diffusion to the world of the article claimed, the presumption is, that the plaintiff is the inventor (a).

Several witnesses were called to prove the infringement; and the sufficiency of the specification; and the novelty of the invention; and the great demand for the buttons. After the close of the plaintiff's case,

nonsuit.

Bompas, Serjt., for the defendant, applied that the plaintiff Grounds of should be nonsuited, on the grounds, 1st. that the invention was not the subject-matter of a patent; 2dly. that if the invention was new, the specification does not describe its nature according to the terms of the objection (b). Terry velvet, and several other articles have been used to make buttons with a needle; there is nothing new in the dies and pressure; the claim to use these in conjunction, is but a claim to use a known material in a known way, viz. by dies and pressure, for a purpose known before, viz. for the purpose of making buttons; it is nothing but applying a well-known article to buttons. [Coltman, J.: By which plea is this raised (c)?] Under two, that the specification does not describe the nature of the invention, as explained by the objection, and that the invention is not new-which includes two things, whether it is new, and whether it is an invention. This is not an invention within the view of the patent law. [Coltman, J.: The evidence as it stands at present is, that by the old mode of manufacture the uniform pressure on buttons is in the centre; the novelty consists in removing the pressure from the centre to the circumference. The invention is, in substance, to make buttons in which there shall be no injury to the raised parts. The specification says, covered buttons with flexible shanks, made by the aid of dies and pressure. Terry velvet buttons could not, as the evidence now stands, without injury, be made with dies and pressure before this mode was brought forward. I shall not take the case from the jury.]

Several witnesses were called for the defendant, principally to prove the use of a similar fabric to the one claimed; the nature of the evidence will sufficiently appear from the summing up of the learned judge.

(a) See as to this in Minter v. Wells and Hart, per Alderson, B. Ante 131.

(b) The notice of objections stated, among other things, that the specification did not describe the nature of the invention, inasmuch as the heads of claim only set forth a combination of well-known inventions, not sufficient to constitute a subjectmatter of letters patent.

(c) The pleas were, 1st. Not guilty. 2d. Setting forth the specification, and averring, that the plaintiff did not by the said instrument particularly

describe and ascertain the nature of the said invention; and in what manner the same was to be performed. 3d. That the said invention was not new within England.

The issue under the second plea would, on the authority of Derosne v. Fairie, ante 161, appear to be, whether the specification is sufficient to describe the invention, such as has been made; and not whether the invention was the subject-matter of a patent.

Specification addressed to

COLTMAN, J.: Gentlemen of the jury: The part of the invention which is said to have been infringed is that described by the words "the application of such figured woven fabrics to the covering of buttons (with flexible shanks made by pressure in dies), as have the ground, or the face of the ground, woven with soft or organzine silk for the warp, when such fabrics have ornamented designs or figures for the centres of buttons." It appears that the buttons produced are made by pressure in dies, with flexible shanks; are you further satisfied that it is a figured woven fabric covering a button, having the ground, or the face of the ground, woven with soft or organzine silk? The witnesses for the plaintiff have expressed a decided opinion, and have not been contradicted on this point.

The second point is, whether the plaintiff has given such a persons of skill, description in his specification as would enable a workman of competent skill (it would not enable me, of course, to make any thing of the sort, or any person who is not a person of skill conversant with the trade) to carry the invention into effect. You have heard the evidence of Mr. Carpmael and Mr. Cottam, who state that, in their opinion, any competent workman could make the plaintiff's buttons; that has not been met by any contradictory evidence to show any obscurity that would make it unintelligible to a competent workman.

The third point is, whether the invention was new as to the use of it in England. It appears that Mr. Grosvenor was employed in 1837 to make silk, with ornamental figures in the centre; that about fifty-seven yards were made, and consumed on seventy gross of buttons; that a considerable number of the buttons were sold in the market; and the question is, whether the fabric so made and employed falls within the description in The question of the patent. If it does, then the goods which are manufactured public use is for the jury. are goods which the plaintiff attempts by this patent to prohibit the party from making; and his patent would, therefore, if you thought these goods had been put in use publicly in England, (of which the circumstance of selling them in the way described, is a matter you are to consider, whether that shows a public use of them or not,) be too large in its claims, and consequently invalid.

The questions then, are, whether you are satisfied that there has been an invasion of the patent; that the specification is sufficiently clear for an intelligent person conversant with the subject to understand the mode of working; and whether you are of opinion that the manufacture was a new manufacture in England; or whether, on the contrary, that a certain part of it was known, and in public use before?

Verdict for the plaintiff.

HILL'S PATENT.

Letters patent, 28th July, 1814, to Anthony Hill, "for the Title. invention of certain improvements in the smelting and working of iron."

sists in render

manufacture of

I, the said Anthony Hill, do hereby declare that the nature of Specification. my said invention, and manner of performing the same, are fully described and ascertained in manner following; that is to say: my said improvements do consist in the manipulations, pro- Invention concesses, and means, hereinafter described and set forth, and by ing available the which the iron contained in the several sorts of slags or cinders, iron contained in the slags or produced in, or obtained from, the refinery furnace, the puddling cinders profurnace, and the balling or reheating furnace, and which are duced in the produced in consequence of, or by, or during, the operation of iron. rolling, or by any treatment to which the crude or pig iron of the blast furnace may be or is usually subjected, in order to improve or alter the quality of the same, is by smelting or working made into, or brought into the state of, bar iron; whether only one of the said several sorts of slags or cinders be used, or whether all the said sorts of the said slags or cinders, or any of the said several sorts of them be mixed together and used; or whether all the said sorts of the said slags or cinders, or any one or more of the said sorts of them be compounded with iron stones or iron ores, or with both of them; whether all the said several compounds be used together, or whether only one of the several sorts of crude or pig iron, obtained from the said slags or cinders, or the aforesaid mixtures of them, be used; or whether all or any of the said several sorts of crude or pig iron be mixed or used together, or whether they, or any one or more of them, be mixed with any one or more sort or sorts of any other crude or pig iron, and used; or whether only one of the several sorts of crude or pig iron, obtained from all, or any, or either of the said compounds of the said slags or cinders, with iron stones or ores, be used; or whether all or any of the said last-mentioned several sorts of crude or pig iron be mixed and used together; or whether they, or any one or more of them, be mixed with any one or more sort or sorts of any other crude or pig iron, and used; or whether all, or any, or either of the aforesaid sorts of crude or pig iron be compounded and used with refined metal obtained from the said slags or cinders, or from the said mixtures thereof, or from the said compounds of the said slags or cinders with iron stones and ores, or with the refined metal of any other iron; or whether only one of the several sorts of refined metal obtained from the said slags or cinders, or from the said mixtures thereof, or from the said lastmentioned compounds, be used; or whether all or any of the

Specification.
A.D. 1815.

said last-mentioned refined metals be mixed and used together; or whether they, or any one or more of them, be mixed with any one or more sort or sorts of refined metal of any other iron, and used; or whether only one of the several sorts of puddled iron, obtained from the said slags or cinders, or from the said mixtures thereof, or from the said last-mentioned compounds, be used; or whether all or any of the said lastmentioned puddled irons be mixed and used together; or whether they, or any one or more of them, be mixed with any one or more sort or sorts of any other puddled iron, and used. Also, in the use And that my said improvements do further consist in the use and application of lime to iron, and application of lime to iron, subsequently to the operations subsequent to of the blast furnace, whereby that quality in iron from which nace, in order to the iron is called "cold short," howsoever and from whatever

the blast fur

prevent the
"cold short."

substance such iron be obtained, is sufficiently prevented or remedied, and by which such iron is rendered more tough when cold. And I do further declare, that in the said smelting and working, I do use a mixture of lime or limestone, and of the substance in which the iron stones are generally found, and which is known in South Wales by the name of mine rubbish, whether raw or calcined, consisting, by weight, of about six parts of good limestone to five parts of raw mine rubbish, which said mixture I do apply, together with the other materials operated upon in the blast furnace, for the purpose of producing a fusible cinder, and that the proportions of the said limestone and mine rubbish, composing the said mixture, may be varied, without materially impairing the beneficial effects thereof. And that in smelting and working, by the usual working of the blast furnace, all, or any, or either of the said sorts of the said slags or cinders, or the aforesaid mixtures of them, or all, or any, or either of the said compounds thereof, with iron stones or ores, when such slags or cinders, or compounds last-mentioned, are known by assay, or otherwise, to be capable of affording crude or pig iron to the amount of fifty per cent., or thereabouts, by weight, I do, in order to make one charge, take and use 18 cubic feet by measure, or about 450 pounds by weight, of coke, and from 300 pounds to 420 pounds of the said slags or cinders, or the said last-mentioned mixtures and compounds, and from 70 pounds to 95 pounds of the said raw mine rubbish, and from 180 pounds to 240 pounds of the said limestones, or from 110 pounds to 145 pounds of lime, which charge I do repeat according to the usual manner of filling and working the blast furnace. But that, when the said slags or cinders, or the lastmentioned mixtures or compounds, which are known by assay or otherwise to contain respectively either more or less than fifty per cent., by weight, of crude or pig iron, are required to be smelted and worked by the usual working of the blast furnace, it will be necessary, in order to produce the best effect,

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