Council. Feb. 12, 1850.3 In the Privy of a foreign invention, because that is the construction that the Courts have put upon the statute that you are the quasi inventor, if you import it for the first time. But has it ever been said that such importation of a foreign invention is negatived by a book in this country stating the foreign invention? I am not aware that it has been held to negative the right of an importer of a foreign invention that a book had stated it before. Webster There has been an intimation of opinion in this very Court, which I will refer your lordships to, which will show the distinction that has been taken. It occurred in the case of Soames's Patent (d). In that case, which was a patent for making candles from cocoa-nut oil, the invention was the pressing the cocoa-nut so as to separate the stearine and the elaine, the oily property, and the stearine so separated was applied to making candles. It was said that palm oil had been pressed in a similar manner, and that the invention had been published in several chemical books, and several books were produced. But my Lord Campbell said, "If it had been published in a foreign journal, considering whether the patent should be prolonged, I should be influenced by what I saw in a foreign journal, without inquiring whether it was known in England, though when sitting in a court of justice and considering the validity of the patent, I should require that it should be known in England." Lord LANGDALE: In that very case I think I had cited before me fifty chemical magazines. Supposing that a foreign book described the invention very minutely, and the only copy in this country was a copy deposited in the British Museum, would that be a publication here? Webster: Conformably with what Lord Campbell said in that case your lordships would consider, in the case of an extension or confirmation, that it was a matter to be taken into consideration, but as a question of law your lordships would require that the invention should be known in this country, and that was in effect the decision in Stead's case (e), which was in reference to wood paving, which your lordships had here in another shape for confirmation, but which you refused to confirm. And Lord Chief Justice Tindal said, in that very case, that if there were one book only existing in the British Museum, that could hardly be said to negative the patent. That seems, therefore, to be the distinction which your lordships have drawn. Lord CAMPBELL: Would it be inconvenient to you to state the facts that you propose to prove? Webster: The facts, my lord, are these: Monsieur Lamenaude was the inventor of this invention in France. It was patented in France, and then M. Lamenaude came to this country; about (d) 1 Pat. Ca. 733. (e) Ante, p. 143. Council. February, 1848, he took steps for a patent in this country, he In the Privy had it sealed, and put the invention into use; it took very much, Feb. 12, 1850. and was very much liked, and immediately infringements sprang up; he found that Mr. Nind was infringing his patent, and he proceeded against him; and then he found that some other persons were infringing his patent. And in the course of the examination and inquiries he found out that a Mr. Humphreys was claiming a right to use the invention by reason of some letters of this kind having been put up, or an order having been given for such letters, which were put up somewhere between the 12th and 15th of July, the patent being dated the 18th of July. Under these circumstances it was clear that there had been a use, by one of the public, some days before the date of the patent, which would have vitiated the patent. M. Lamenaude was therefore advised to discontinue the action, and has agreed to make Mr. Humphreys his agent, as he was in the exercise of the invention. Lord CAMPBELL: The statute is a most salutary one, but it was never meant to meet such a case as this. Supposing Mr. Humphreys was an adverse party, could we grant a confirmation of the patent, and can it make any difference in the case that he is a consenting party? For anything we know there may be a third party. Webster: It was owing to the delay in the law in granting the patent that this took place. Lord BROUGHAM: It was never intended to give us the power of confirming a patent in such a case. Application refused (ƒ). (f) Observations.-The decision in this and the preceding case of Card's patent would appear to rest on this, that there was a use of the invention in public, or by one or more of the public, at the time the patent was granted; so that these cases must be taken to have decided that the statute was intended to apply only to a case of invention abandoned, and not in use at the date of the patent; subject also to the further condition, that it had not been publicly and generally used, though abandoned, before the date of the patent. This patent would appear to have been lost owing to the official delays in granting patents under the system in practice prior to October, 1852; under the system in force since that date, under "The Patent Law Amendment Act, 1852," a patentee obtains protection for his invention from the date of the application, the letters patent, when granted, relating back to the date of such application. 172 Title. Specification. MARTIN'S AND KEATING'S PATENTS. Letters patent, 8th of October, 1834, to Richard Freen Martin, for "A certain process or processes, method or methods, of combining various materials so as to form stuccoes, plasters, or cements, and for the manufacture of artificial stones, marbles, and other like substances, used in buildings, decorations, or similar purposes." My invention consists in producing certain hard cements of combinations of the powder of gypsum, of powder of limestones, and of the powder of chalk, with other matters or materials, such combinations, when produced according to my invention, being (subsequently to their mixing) submitted to the action of heat, as will be hereafter fully described, whereby cement so produced will become highly useful as stucco or plaster, and for manufacturing of artificial stones, marble, and other like substances used in buildings, decorations, or similar purposes. In order that my invention may be fully described and carried into effect, I will proceed to describe the methods or processes which I have pursued and found to answer, and are the best I am acquainted with. 1st. For a cement from gypsum, I take any quantity of gypsum, which I reduce to a fine powder, either by grinding or by the ordinary methods pursued for the manufacture of plaster of Paris of commerce, or I take any quantity of moulds or other articles which have been formed of plaster of Paris, and reduce them by the action of heat and grinding or crushing (or only grinding or crushing) into fine powder, similar to plaster of Paris. With the above-described plaster of Paris I mix a solution of the following matters or materials :-dissolve one pound of strong alkali (for instance, best American pearlash) in one gallon of water; this solution is to be neutralized with acid (sulphuric acid is best for the purpose), keeping the solution in agitation, and adding the acid gradually until effervescence ceases, then add the additional quantity of seven gallons of water, making in the whole eight gallons (if other alkali is used, then the quantity must be varied in proportion to its strength), which are to be mixed with a quantity of the powder, till the same is of a consistence or state suitable to be cast or moulded, as the case may be, into cakes, bricks, or other forms, which are to be permitted to dry, and then submitted to such degrees of heat in reverberating furnaces, kilns, iron retorts, such as are used in gas works, or such other means as will bring them to a red heat throughout. If the above materials be not heated red throughout, such parts as are not sufficiently burned will be ultimately less hard and durable than the cement properly burned. The solution neces- Specification. sary for admixture is about half the measure of the powder so heated. I take any 2nd. For a cement from limestones and chalk. quantity of limestone or chalk, which I grind, or subject to the usual process of burning or calcination to lime, and if by the latter process reduce this lime to powder either by exposure to air or by the application of water, in the ordinary way in which limes are slacked (air slacking is best), and treat it with solution of alkali and sulphuric acid, in the manner described for plaster of Paris (but as it requires less fluid for admixture, the solution must be proportionately stronger); dissolve one pound of alkali (best American pearlash) in one gallon of water, which neutralize with sulphuric acid in the manner described for plaster of Paris; then add the additional quantity of four gallons and two quarts of water, making in the whole five gallons and two quarts; work up the solution with the powdered lime into cakes, and when dry burn them, after the method directed for gypsum cement. The solution necessary for admixture is about onethird of the measure of lime powder so treated. If powder of gypsum or powder of limestones or chalk are used uncalcined, their calcination must be made as regards the strength of the liquid in reference to the less quantity required for the purpose. The solution of alkali, without the addition of the acid, may be used for the manufacture of a cement from powder of gypsum, provided the subsequent burning be adopted, but which cement will not be so good as those made by the other methods described. Cements may also be made from the powder of limestones and chalk, with the solution of acid, say one quarter of a pound of sulphuric acid dissolved in four gallons of water, and afterwards burned as before described; but cements so made will not be so good as those made by the other methods described. The processes of incorporation and burning, both for this and alkali cement from gypsum, are the same as previously described. Having described the methods or processes of manufacturing hard cements by admixture with alkali and acid, and of other materials with powder of gypsum and powder of limestones and chalk, and their subsequent calcination, by which the desired product and their respective advantageous properties are obtained, I will now describe the manner of using them; and as the cement made from the powder of calcined gypsum and the cements made from the powder of lime possess different properties, it will be necessary to describe the manner of using them separately. I will first describe that made of the powder of gypsum. The calcined bricks or cakes before described having been first pulverized and sifted in the ordinary way applied to hard cements, are to be mixed with grit or sand. As Specification. this cement does not give out any sensible heat in solidification, it is desirable that the grits used in admixture should be free from animal and vegetable substances; therefore, grits well burned or vitrified are best for the purpose, and for a plaster or stucco, may be mixed and applied in like manner as lime and other calcareous cements are used. As this gypsum cement may be used for casting and other applications where but little absorption can be depended on, care must be taken not to use an excess of water in mixing; from a fifth to a sixth of the measure of water to material will be generally sufficient, but much will of course depend on the nature of the material on which it is applied: the same rule will govern the application of the cement without grit, and when used by itself or as a thin coat on the grit stucco. If it is intended to imitate marble, it is to be ground to an even face, and polished after the manner scagliola is finished, and colour may be varied or introduced during its application. I will now describe the manner of using the cements made from the powder of limestones and chalk. These cements, when fresh, give out very considerable heat in their process of solidification, and there is, therefore, less danger of their subsequent disintegration when mixed with common grits, which grits it is better to use burned or vitrified, of the character before described. The cakes before described having been pulverized, are to be mixed with grits, and used in the manner customary with other calcareous cements. Now, whereas it is evident that the grits which I have described as used in the application of my said invention for stucco and other purposes may be mixed with the powdered gypsum, limestone, or chalk, when the alkali and acids are added, and thus submitted with the other ingredients to the subsequent burning or heating process, in which case no further addition or admixture of grits will be necessary when applied to use; and whereas other alkalis and acids besides those hereinbefore mentioned will answer the purposes of my said invention, though none that I have tried have answered so well as the alkali and acid hereinbefore set forth; and whereas I claim as my invention the processes of mixing the powdered materials, alkalis, and acids, as herein before described, and subsequently burning, heating, or calcining the same, for the purposes herein before set forth. In witness, &c (a). --- (a) Martin's second patent. Other letters patent were granted, June 2, 1840, to the said R. F. Martin, for "certain improvements in the manufacture of certain descriptions of cement," the specification of which describes the invention to relate more particularly to the cements for which the former patent was granted. The subsequent legal proceedings were founded on both patents, but the judgments of the Court turned wholly on the first patent of Martin, and on the following Keating's Patent.-Letters patent, February 11, 1846, to John Keating, for certain improvements in the manufacture of cement. Specification.--My invention consists of combining gypsum (sulphate of lime) or other caleareous substance with borax, and then subjecting them to heat and in order that my invention may be most fully understood and readily carried inte effect, I will proceed to describe the means pursued by me. I take lumps of gypsum or other calca |