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NAMES OF CASES.

Names of Cases.

xxvii

Reported Page.

Where reported in other works.

of the Rolls for an injunction. The bill set out the grant of the letters patent, but not the specification, only parts thereof, stating that a specification had been duly enrolled. To this bill the defendants demurred, first, by reason of the title not being fully set out in the bill, and, secondly, by reason of parties having an interest in the patent being made defendants, so that the defendants (Keene and Co.) might first have to render an account to the present plaintiff, and afterwards to the other defendants, should they become plaintiffs.

His Honour overruled the demurrer.

Westrup and Gibbins' Patent, in re

This was an application, under the statute, to confirm letters patent. The specification claimed two means of condensing distilled sea water, one of which turned out to be old, having been published in books before the patent; and it was also shown to have been described in two patents taken many years before the petitioner's patent. Their Lordships held, that the statute could never have been intended to apply to such a case, and directed the opponent's costs to be paid by the petitioners.

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This was an application by petition, under the statute, to obtain an extension of letters patent granted in May, 1824, for certain combinations and improvements in machinery for making pins. The petition was by assignees, and was opposed by Messrs. Kirby and Co., for whom it was contended, that the invention was not new, by reason of previous patents.

Their Lordships having heard the whole case, intimated that they should recommend an extension of the term. On the part of Messrs. Kirby it was then urged, that they, having helped the patentee and expended large sums of money for him to bring out the invention, ought to have a license for the use of the invention without any patent

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NAMES OF CASES.

Names of Cases.

Reported
Page.

Where reported in other works.

rent. And an application was also made on the part of the executors of Mr. Watnerby, formerly a partner of the assignees. Their Lordships stated, that they should recommend an extension of the patent in favour of those in whom the legal estate of the letters patent was vested at the time of the application, leaving to Messrs. Kirby and Co., and the administrators of Mr. Watnerby, any claim they might have at law or in equity, and that, under the particular circumstances of the case and the position of the parties, there would be no costs.

Wright's Patent, in re

This was an application to extend the term of letters patent under the statute. The patent was for apparatus for bleaching and cleansing linen and other fabrics.

The Attorney-General called their Lordships' attention to the fact, that the invention had not got into general use, and it was for their Lordships to say whether that had been sufficiently accounted for.

Their Lordships stated, that the reasons given for the invention not being in more general use were satisfactory, and recommended an extension of seven years.

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LAW REPORTS

OF

PATENT CASES.

MORGAN AND ANOTHER v. SEAWARD AND OTHERS.

In the Court of Chancery, before the Vice-Chancellor (Sir L. Shadwell).-July 27, 1835.

AN injunction had been obtained by the plaintiffs to restrain the defendants from using the mode of giving the required angle to the float-boards of paddle-wheels, and from any manner imitating or resembling the invention for which letters patent had been granted to Elijah Galloway, on the 2d day of July, 1829. * Application was now

The specification was as follows:

To all to whom these presents shall come, I, Elijah Galloway, of King-street, in the Borough of Southwark, Engineer, send greeting. Whereas His Most Excellent Majesty King George the Fourth, by his letters patent under the great seal of Great Britain, bearing date at Westminster the second day of July, in the tenth year of his reign, did for himself, his heirs, and successors, give and grant unto me the said Elijah Galloway, his especial licence that I, the said Elijah Galloway, my executors, administrators, and assigns, or such others as I, the said Elijah Galloway, my executors, administrators, and assigns, should at any time agree with, and no others, from time to time, and at all times, during the term of years therein expressed, should and lawfully might make, use, exercise, and vend, within England, Wales, and the town of Berwick-upon-Tweed, and also in all His Majesty's colonies and plantations abroad, my invention of "Certain improvements in steam-engines and in machinery for propelling vessels; which improvements are applicable to other purposes.' In which said letters patent there is contained a proviso obliging me, the said Elijah Galloway, by an instrument in writing, under my hand and seal, particularly to describe and ascertain the nature of my said invention, and in what manner the same is to be performed, and to cause the same to be enrolled in His Majesty's High Court of Chancery within six calendar months next, and imme

VOL. II.

B

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made by the defendants to dissolve the injunction. Many affidavits were produced on both sides; those on behalf

diately after the date of the said recited letters patent, as in and by the same, reference being thereunto had, will more fully and at large appear.

Now know ye, that in compliance with the said proviso, I, the said Elijah Galloway, do hereby declare that the nature of my said invention

consists

First, in an improvement of the steam-engine, whereby I am enabled to obtain a rotatory motion from the alternating action of the axis of a piston, which piston makes about three-fourths of a revolution within the steam cylinder; and,

Secondly, in an improvement on paddle-wheels for propelling vessels, whereby the float-boards or paddles are made to enter and come out of the water in positions the best adapted (as far as experiments have determined the angle) for giving full effect to the power applied.

And in further compliance with the said proviso, I, the said Elijah Galloway, do hereby describe the manner in which my said invention is to be performed by the following description thereof, reference being had to the drawing hereunto annexed and to the figures and letters marked thereon; that is to say

Description of the Drawing.

In the part marked Drawing A, Fig. 1, is an end view of a steamengine, with my improvement applied; the piston of which performs about three-fourths of a revolution.

Fig. 2, shows a side view of the engine; and

Fig. 3, a cross section of the steam cylinder, showing the piston and the steam passages.

I will here observe that I only represent as much of the steam-engine in the drawing as is necessary for the purpose of explaining how my improvement is to be applied; and no particular description will be neces sary of those parts, which are well known to engineers. In all the figures the same letters of reference indicate similar parts of the machinery, and the parts which constitute my improvement are tinted with blue and yellow. a, the crank, fixed on to the shaft, which carries the fly-wheel; b, the connecting rod, which is connected to the crank, a, by the pin, c, and to a lever, d, by the pin, e; which said lever, d, is fixed to the crank pin, g, by which the lever, d, receives its backward and forward motion by the alternating rotative motion of the axis, f, in the lever, d, is a mortice, h, into which mortice a bearing, i, is fitted, on which the lever, d, slides, and which is for the purpose of guiding the lever, d, and thereby causing the end, e, of the connecting-rod to perform the curve shown by the dotted red line. j, is a pin passing through the frame-work of the engine, the point of which enters into and supports the bearing, i, yet allowing it to turn and accommodate itself to the different positions which the lever, d, takes, in being moved by the axis of the piston.

Now it will be evident that if the piston be moved by the steam from m, to n, in the direction of the arrow in figure 3 (which motion is hereafter more particularly described), the end, g, of the lever, d, will be carried round to the position shown by the dotted red lines in figure 1,

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of the plaintiffs pointing out the novelty and utility of the invention, and, at the same time, showing the distin

which will be about three-fourths of a circle; and the crank, a, will, by the intervention of the connecting rod, b, have performed the revolution of about half a circle, as indicated by the dotted lines from o, to p; and the momentum obtained in the fly-wheel will carry it somewhat further; and the return stroke of the piston from n, to m, in figure 3, will cause the crank, a, to perform the remainder of the revolution from p, to o.

Although I have described the sliding lever, d, as having a mortice in it, and sliding on the bearing, i, it is evident that the same effect may be produced in various ways, for instance, instead of a mortice there may be a raised tenon formed on the lever, d, and a grooved piece substituted for the bearing, i; or there may be a friction roller in place of the bearing, i, or any other similar mechanical contrivance, my improvement consisting in obtaining a rotatory motion from the axis of a piston in a steam-engine (which piston makes something less than a revolution in the cylinder) by means of a sliding lever, in the manner above described. The manner in which the motion is given to the piston is shown in figure 3. A cock (as shown at figure 5) is placed at ; the steam comes in at w, and passing round the cock and along the passage, z, enters the cylinder at m, and the piston is turned in the direction of the arrow towards n, the position of the cock being changed by the apparatus shown at x, in figure 2, (so that the aperture, o, shown in figure 3, as coinciding with 2, is made to coincide with 1,) the steam is admitted through the passage, v, and enters the cylinder at n, the waste steam in both cases escaping through o, x, y (see figures 3 and 5).

Fig. 4, represents another modification, where the sliding motion and the lever, d, are done away with, and the mechanism, g, k, e, substituted, a crank, (similar to that described as attached to the axis, f, in figures 1 and 2,) connected at g, with the mechanism, being made to perform about three-fourths of a revolution; and a radius, j, k, by vibrating upon the fixed pin at j, together cause the extremity, e, of the mechanism to describe the curve, shown by a dotted red line; which, motion, by means of a connecting rod attached at e, would produce a rotatory movement in the crank, a, in figures 1 and 2.

Having now described that part of my invention which relates to steam-engines, I will proceed to that which relates to paddle-wheels, or machinery for propelling vessels.

Description of that part of the Drawing marked Drawing B.

Fig. 1, represents a section of a paddle-wheel, constructed according to my improvement.

Fig. 2, an end view; and

Fig. 3, shows one of the side framings of the wheel.

The same letters of reference, indicating similar parts, in all the figures.

a, b, c, d, and e, the float-boards or paddles, which are affixed, by straps and screw bolts, or by any other suitable means, to bent stems, marked f, which stems are shown separately in figure 4. g, h, i, j, and k, are connecting rods, attached at one of their ends by pins or bolts, r, to the bent stems, ƒ, of the float-boards; and the other ends of all these

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