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But the introducer and publisher of
The question, whether the plaintiff is
He who adopts that which has been
Where it appeared in evidence that the
He is not a true and first inventor
The party introducing an invention,
The introducer of an invention is
The person who suggests the principle
And although a skilful mechanic be
In the case of simultaneous inventors,
The distinction between first inventor
The Househill Company v. Neilson,
Letters patent cannot be dated before
The Chancellor will not alter the date
A recompence and reward for making
To be construed favourably for the
Granted in order that the public may
The term of fourteen years too long.
Adequate reward and remuneration
The granting and prohibitory part of
Semble, That letters patent contain other purposes than those of sale and
Making without selling an infringe-
MANUFACTURE AND NEW
The word "manufacture' in the sta-
tute, must be construed in one of two
ways; it may mean the machine when
completed, or the mode of constructing
the machine. Morgan v. Searard, 193.
A new principle developed, carried out,
and embodied in the mode of using the
principle, constitutes a new manufacture.
Walton v. Bateman, 620.
Semble, That an expanding table, with-
out reference to the mode by which the
pieces are caused to diverge or expand,
The introducing cords or strands of
India rubber in combination with non-
elastic strands in making a fabric, is a
The grant of an exclusive license to . The welding tubes by fixed dies in-
rollers or a maundril, it is a new manu-
facture to weld them on grooved rollers
without a maundril. Ibid. 464 & 466.
The attaining the same result, or pro-
ducing the same effect, in a different
manner, is a new manufacture, as welding
by dies instead of by grooved rollers.
The adaptation of a rotary cutter in a
machine, so as to shear from list to list,
v. Davis, 490.
A button and a flexible shank being
both old, their being simply put toge-
ther, without regard to the particular
The speculations and suggestions of learned men will not vitiate letters patent, nor experiments in private or abandoned; but if the article has been sold, it is a question for the jury, whether that is a public user. Gibson v. Brand, 628.
The application of detonating powder by suitable mechanical means to dis
ho charge fire-arms. Forsyth's patent, 97.
The improvement in lace by gasing it. Hall's patent, 98.
The application of new implements and processes to obtain old results. 99, n.
The discovery of a principle, as a law of nature, or property of matter, not a new manufacture. The Househill Company v. Neilson, 683.
MONOPOLY. An allowance of or for the sole buy. ing, selling, making, working, or using of anything, whereby persons are restrained of any freedom they had before, or hindered in their lawful trade. Darcy v. Allin, 5, n.
A grant of the sole making of cards void, as being a monopoly and contrary to law. lbid. 2.
The power of exclusive sale of any commodity, a monopoly. Ibid. 5.
True tests or incidents of a monopoly, the price raised, quality of commodity inferior, and artificers impoverished. Ibid.
All monopolies declared void except letters patent for the sole working or making of any manner of new manufacture to the true and first inventor. (Stat. 21 Jac. 1, c. 3, s. 5,6.) 30.
Monopoly patent in respect of a new trade or engine in furtherance of a trade for a limited period lawful. Darcy v. Allin, 6; Crane v. Price, 411.
A patent of monopoly and of privilege different. Darcy v. Allin, 5, n.
patent furtherance Darcy v.
MEMORANDUM OF ALTERATION.
The Master of the Rolls has no jurisdiction to remove from the rolls of the Court of Chancery a memorandum of alteration enrolled under the statute. Re Sharp’s patent, 641.
Query, whether an omission in the specification can be supplied by a memorandum of alteration enrolled under the statute. Ibid. 642, n. e.
Or, whether that which might be the subject of fresh letters patent, can be incorporated in existing letters patent by memorandum of alteration. Ibid. 642, n. e.
The Attorney and Solicitor General generally allow the enrolment of a disclaimer or memorandum of alteration, leaving the question of its validity to be decided by a court of law. Ibid. 642, n.e.
NEW TRIAL. The fact of a sci. fa. pending is a ground for not entertaining a particular objection to the validity of a patent on a motion for a new trial. Haworth v. Hardcastle, 480.
New facts which would be ground for repealing letters patent by scire facias will not be received on motion for a new trial. Lewis v. Marling, 495.
MISTAKE. Every mistake in a specification will not vitiate a patent. Neilson v. Harford, 340.
NOTICE OF OBJECTIONS.
In an action for the infringement of, and in a sci. fa. to repeal a patent, the defendant and plaintiff respectively shall give a notice of any objections on which he means to rely at the trial. (Stat. 5 & 6. W. 4, c. 83, s. 5.) 260, n. a.
If a defendant neglect to deliver the notice of objections with his pleas, he must obtain leave to plead de novo. Losh v. Hague, 203, n.
MODEL, To be made, deposited, and preserved. Lombe's act, 39.
The notice of objections is intended to
It is not sufficient to state an objection
The notice of objections should be
to be part of the pleadings, and should be
In actions for infringing a patent, the
Doubtful whether the statute requires
The notice of objections meant to af.
The court may decide on the suffi.
The jurisdiction of the court as to
A particular of objections delivered by
The object of the statute not to limit
The defendant is not limited to the
The court refused to order a particular
The words “divers other persons,'
The defendant may apply to a judge at
The particular machines to which the
The part or parts in respect of which
The notice of objections intended to
But the objection may be so fully ex.
At nisi prius the only question is,
If the notice be too general, previous
It is not sufficient notice to say, that
It is a sufficient notice to state that
The notice of objections must point
The objection, that the plaintiff did not
Semble, That a notice of the invention
Semble, The objection, that an inven-
The new rules being in operation be-
greater degree of particularity than the record. Ibid. 548.
The defendants should specify books intended to be relied on, and cannot be prejudiced by so doing. Ibid. 548.
The words and elsewhere to be omitted, the places to be specified should fresh evidence arise. Ibid. 549.
The pleas may be narrowed by naming the person or limiting the nature of the inquiry. The words and elsewhere not unreasonable. Ibid. 550.
averment relating to a particular trade in certain towns is limited and definite, but under an averment; about common forges, with a reference to numerous places all over the kingdom, it is impossible to tell what is intended to be proved. The Househill Company v. Neilson, 552.
The section of the statute (5 & 6 W.4, c. 83), as to the notice of objections, does not apply to proceedings in Scotland, the same object being obtained by the closed record. Ibid. 552, 711, & 714.
A 'statement in the notices of objections, that the specification is calculated to deceive, is sufficient to let in evidence as to any particular passage being false. Neilson v. Harford, 324, 332, & 370.
Admitting that he is the inventor, if this invention be known and used at the time i time at which the patent is granted, the patent is void. Ibid. 720.
The notorious use of an invention, though discontinued, sufficient to invalidate subsequent letters patent. Ibid. 710.
The prior use of a perfected invention, if such prior use be publicly known, will vitiate the subsequent letters patent for the same invention. Ibid. 716.
Semble, That the prior use and abandonment of an invention, if lost sight of and not known to the public, will not vitiate letters patent for the same invention. Ibid. 717.
If an invention is in use at the time of the making the grant, the party cannot have a patent, although he is an original inventor; if it is not in use he cannot have a patent if he is not an original inventor. Ibid. 719.
The statute excludes from a patent the inventor who shall have made the invention so public, that others at the time shall use it. The consideration fails, Ibid. 719.
The sale of the article in the market by the patentee will vitiate letters patent obtained subsequently to such sale. Wood v. Zimmer, 44.
The making of two or three of the patent apparatus by the patentee prior to the date of the grant will not vitiate it, unless others shall use the invention. Bramah v. Hardcastle, 194.
The construction and sale, before the date of the patent, of the patent machine by the patentee for gain to any of the public who will buy it, invalidates the subsequent letters patent. Morgan v. Seaward, 194.
If such sale did not vitiate the subse. quent letters patent, the inventor might practically have a monopoly of much longer duration than fourteen years.
NOVELTY. The general question is, whether the invention was known and in use before the patent. Liardet v. Johnson, 53.
Two distinct issues—the one whether the invention was in use, the other, whether the party derived it from another person or from some public source. Cornish v. Keene, 507.
The distinction between the issues as to the first inventor and public use by others of the invention, is in the abstract sound. The Househill Company v. Neilson, 689.
The grantee must be the first inventor. and the invention must not be in use at the time of the granting the patent. For the purpose of meeting the case, that the party is the inventor, evidence may be gone into to show that a person used the invention ten years ago, and then abandoned it. Ibid. 719-20.
The manufacture of two pieces of machinery for a party connected in business with the patentee, under an injunction of secrecy, and their user abroad, may not be such a publication as will vitiate the subsequent grant. Ibid. 195 & 705.
The making of an article in this country, though for exportation, will vitiate a subsequent patent, unless under special circumstances. Carpenter v. Smith, 536.