Martin and James v. Consett Iron Company Ld. The owners of Letters Patent for "Improvements in machinery for breaking "pig iron" brought an action for infringement. The Patentees in their Specification described mechanism for feeding the mass into position, clamping it, breaking off pigs from the sow, and breaking the sow, and for each of these operations they described plungers working in ram cylinders. In their first Claim they claimed 5 the machine comprising the four rams for the four operations, substantially as described. The Specification stated that the plungers, instead of being operated by hydraulic power, might be actuated by steam or other motive agent. In the Defendants' machine the operations were effected by means of eccentrics, toggle links, levers, and cams, off a mechanically driven shaft, whereas the 10 Plaintiffs' machine had no revolving parts. The question of infringement turned on the point whether the Claims were confined to machines such as described and operated by means of rams, or whether they included machines with similar or analogous working parts operated by means of a power driven shaft. It was held at the trial, that the Plaintiffs could only claim the invention 15 specified that is, the machine with four rams for four definite purposes-and that the Defendants had not infringed. The action was dismissed with costs. The Plaintiff's appealed. The appeal was dismissed with costs. On the 29th of July 1891 Letters Patent (No. 12,873 of 1891) were granted to 20 E. D. Martin and E. James for an invention of "Improvements in machinery "for breaking pig iron and for loading the same into wagons." 66 The Complete Specification was as follows:-" This invention consists, firstly, "in a specially designed machine for separating from the sow and otherwise "breaking a series of pigs raised together, as one mass, from the casting bed by 25 a crane or like appliance, or other suitable means. It consists further in "apparatus for loading into wagons the pig iron thus broken. The breaking "machine, which is preferably actuated by hydraulic power but may be worked "by steam, compressed air or other motive agent, is constructed and arranged "substantially as follows. Carried in a frame bridging over a space between 30 "two walls or other suitable supports is a ram cylinder the plunger of which "works through the bottom of the said cylinder and is fitted at its lower end "with a head somewhat after the manner of the hammer-head of a steam "hammer. At that end of the machine at which the sow and adhering pigs are fed for breaking is a pair of arms connected to a rocking shaft. These 35 "arms are fitted at their lower ends with pawls for advancing the mass to the "ram aforesaid. When sufficiently advanced, the mass is clamped by a block "operated by a wedge-shaped lever actuated by a separate ram. The plunger "aforesaid is then lowered and as many pigs as the head has capacity for are "thereby snapped off from the sow and also severed at or about midway. The 40 pig-breaking ram plunger is then withdrawn and the clamping block raised. "By the arms and pawls above mentioned the mass is again advanced and the "processes of clamping and breaking repeated. 66 66 "Simultaneously with the second and subsequent down strokes of the pig"breaking plunger, the plunger of a ram employed for breaking the sow 45 "descends upon that part of the latter from which the pigs have been "separated by the immediately previous down stroke of the pig-breaking"plunger. This said part of the sow is accordingly broken into lengths Martin and James v. Consett Iron Company Ld. "approximating to that of one half of a pig. These operations are repeated "until the sow and the whole series of pigs are broken up. 66 "The pig iron thus broken is precipitated on to a shute or inclined tablepreferably formed of heavy rails with longitudinal openings for sand to fall 5 "through, which shute may either be fixed or capable of movement on hinges. "By this shute the iron is guided into wagons placed below for its reception. "In the accompanying drawings Fig. 1 represents a vertical section, Fig. 2 a "plan and Fig. 3 a view at the feeding end, of our improved machine as arranged "for hydraulic operation for breaking pig iron. At Fig. 1 is illustrated also 10" means we employ for loading the broken pig from the machine into wagons. "Supported in a suitable frame a is a ram cylinder b the plunger c of which " is furnished with a cross-head d fitted with three breaking hammer-heads e. The pigs f and sow g, raised as one mass from the casting bed are supported 66 66 "at one end on a trolley h, Fig. 1, and are directed to pass on bearers to the 15" hammers e, Fig. 1. The mass is fed to the hammers by the lever i, il carried "on the rocking shaft j, the levers i' being connected at their lower ends to the "shaft carrying pawls k. The lever i is connected at the upper end by the "link 1, Figs. 2 and 3, to the plunger l' of a ram cylinder 12 by means of which "it is operated to feed the mass forward to be broken. 'When, by the operation 20" of the said plunger 1, the levers i, il and the pawls k, the mass of iron is "advanced to the requisite extent to commence breaking, it is clamped by the clamping block m which is lowered on to the sow by means of the wedge"shaped arm n connected to the plunger o of the ram cylinder o' by which "plunger o the arm n is thrust forward into an inclined slot made in the 25" head p to which the block m is connected. A detached view of the clamping "device is shown at Fig. 4. The mass of iron having been clamped, as afore"said, the plunger c of the ram cylinder b is then lowered and by the hammer "heads e three pigs are successively snapped off from the sow and also severed "at or about midway. The plunger c is then drawn up and the mass of iron 30" is released by raising the clamping block m. The levers i, il are then set in Martin and James v. Consett Iron Company Ld. "operation to feed the mass of iron further forward and the operations of "clamping and pig breaking are repeated. Simultaneously, or nearly so, with "the second and subsequent down strokes of the plunger c, the ram 9 working "in the cylinder r is lowered on to the sow g and that part thereof from which "the pigs were removed in the immediately previous down stroke of the ram c 5 "is broken up by the hammer head s into lengths approximating to that of one "half of a pig. The return or up strokes of all the rams are obtained as usual by the provision of constant pressure rams t. The aforesaid operations are repeated until the sow and the whole series of pigs are broken up. The pig "iron thus broken up descends on to a shute u by which it is delivered into 10 66 wagons drawn up on rails in a hauling way as seen at Fig. 1. 66 66 "As illustrated in the Drawing the shute u is fixed. It may, however, be "hinged at the upper end if desired, and be designed to be moved by hydraulic "or other power so as to alter the angle of inclination at will and to be worked "backwards and forwards over the wagons. "Instead of being operated by hydraulic power the various plungers in "the breaking machine may be actuated by steam or other suitable motive "agents." 15 The Patentees claimed :- "1. A machine for breaking pig-iron, raised as one "mass with the sow from the casting bed, the said machine comprising a ram 20 "or hammer for breaking one or more pigs at each down stroke, a second ram "or hammer for breaking the sow, a third ram for clamping the mass in "position for breaking, and a fourth ram for feeding the mass to the breaking "rams, all constructed arranged and operating (either by hydraulic power or "other suitable motive agent) substantially as herein before described with 25 "reference to the accompanying sheets of illustrative Drawings. 2. Mechanism "for feeding the pig iron to the breaking rams, the said mechanism consisting "of the pawls k, pawl shaft k', rocking shaft j, levers i, il and link / actuated by the ram referred to in the preceding Claim as the fourth or feeding ram, "all arranged and operating substantially as herein before described. 3. 30 "Mechanism for clamping the mass of pig iron preparatory to breaking, the "said mechanism consisting of the block m between which and a bearer "the sow is gripped, and a wedge shaped arm n worked in a correspondingly"shaped slot in the head p to which the block is suspended, the said wedgeshaped arm n being actuated by the ram referred to in the above first Claim 35 as the third or clamping ram, as herein before described and shown in the appended Drawings. 4. The combination with a machine such as is herein"before described for breaking pig iron, of a shute such as u (either fixed or "movable) situated below the breaking appliances so as to receive the broken "iron therefrom and suspended over a hauling-way for delivery of the iron to 40 "trucks or other vehicles, substantially as herein before described and shown at "Fig. 1 of the accompanying Drawings." 66 66 In Fig. 1, as shown above, the wagon and part of the shute u is omitted, as not being material for the purposes of this report. On the 15th of June 1905 the Patentees commenced an action against the 45 Consett Iron Company Ld. for infringement of the Patent, claiming the usual relief, but before the trial the Patent had expired, so that only damages were then asked for. The Statement of Claim alleged that the Plaintiffs were the registered owners of the Patent, and that the Defendants had infringed. 50 The Particulars of Breaches alleged the use by the Defendants at Consett for some years of machinery constructed according to the invention described in the Specification and claimed in all the claiming clauses. At the trial it was admitted by both parties that the alleged infringing machinery was constructed in accordance with the invention patented under Letters Patent, No. 23,043 of 55 1893, granted to S. T. Croasdell, Martin and James v. Consett Iron Company Ld. The description of that invention in the Complete Specification was as follows:-"This invention relates to the construction of an improved machine "for breaking into short lengths the beds of pig iron into which the produce of "blast furnaces is usually run. 66 5 "In the accompanying two sheets of illustrative Drawing, Fig. 1 is a sectional "elevation through the centre of the machine and Fig. 2 is a transverse sectional "elevation of breaker showing the section of feed table and gear. 66 66 "A horizontal feeding table A of any convenient length is fitted with lifting "and traversing motion actuated from a single eccentric or cam fixed on the 10" main or cam shaft through the medium of suitable levers and cranks. This "table A works between girders or frames B on which the bed of pigs C is placed and along which it is carried by the action of the movable table. The "feed table is made in two parts, the upper portion A being separate from the "lower portion A', but working therein by means of suitable slide blocks A2 15" in horn cheeks or guides A3 forming part of the lower table. It is raised by "means of levers D pivoted on its underside and working on wheels D' rolling 66 66 on the upper side of the lower table A' and working between stops E E' which may be made adjustable to give the necessary lift. It is considered advisable "to bring the forward stop E' a little past the centre lines, that when the load 20" is raised it falls slightly carrying the levers D in the direction in which the "carriage will have to travel, before the travel commences, thus ensuring perfect "steadiness. The carriage works on wheels F between the side frames or "girders B and between suitable stops which may be made adjustable for any "travel. These stops are arranged with springs or levers and weights in such 25 "a manner that the carriage cannot travel in either direction until the stops "are depressed, and the springs or levers and weights are so adjusted that the "load must be lifted or lowered before the stops can be depressed. In the "Drawings the machine is shown with one stop G only; this stop engages with 66 66 66 66 66 Martin and James v. Consett Iron Company Ld. a cam G' and, on the lower table A1 arriving at either extremity of its travel, "is forced upward beyond the end of the said cam and prevents the return of "the table until it is again depressed by the rocker H, the tappets H1 of which engage with a cam D2 on the shaft D3 and canse the rocker to move about the "centre and so force the stop G downwards free of the cam G'. A strong 5 "standard K in one or more pieces of steel or iron carries an engine or "engines L-steam, air, or hydraulic-fitted by preference with reversing gear "and secured in a suitable manner and position. This standard also carries a "crank shaft M second motion shaft N and cam shaft P, gearing, bearings and "ram guides. The movable blocks on which the bed of pigs rest whilst being 10 "broken are also carried at the bottom of this standard. The cam shaft P is "fitted with the following parts, viz. :-A sow breaking cam Q for breaking the sow by means of a vertical thrust through the medium of an eccentric strap “Q1 and ram Q2. A pig breaking cam R for breaking one two three or more pigs at one stroke by means of an eccentric strap and rod R1 actuating a toggle 15 joint combination R2 and a breaking ram R3 in front of cam shaft and nearer "to the feed table. The toggle combination R2 is made adjustable with ram "and screw R4 to take pigs of various thickness. A feed cam S is connected to "and actuates the levers S' causing the table A to rise fall and reciprocate. A "cam T actuates a binding wedge T' and block T2 through the medium of a 20 "lever T3 connected to the wedge T1 at one end by means of a pin T, and at "the opposite end to the standard K by means of an adjustable spring T5 and guiding eye T. The rod T between the cam and the lever is attached at a "convenient position between the wedge and the spring as shown. The wedge "T' thus travels sufficiently to cause the wedge block T2 to bind tightly on 25 "the sow V. The range of travel in the block is sufficient for a considerable variation in the thickness of sow to be gripped. After the sow is secured, "the wedge becomes stationary until the outward stroke, and the action of the 66 cam is merely to compress the spring T5 during the remainder of the inward "stroke. The cam shaft P is also fitted with a large spur wheel U engaging 30 "with a spur pinion U on the shaft N. A spur wheel U2 is secured to the opposite end of shaft N and this engages with a spur pinion U3 on engine "shaft M. All the shafts rotate in suitable bearings. The action of the "machine is as follows:-The bed of pigs C being placed by suitable means on the girders B between which the feed table A reciprocates, it is raised, 35 "carried forward and placed underneath the breaking ram R3; the wedge "block T then descends and secures the sow in position; the breaking ram "R3 following snaps off one, two, or more pigs, the rams ascend, the sow is "released and the feed Table A, which in the meantime has been carried back "to its original position, again brings the bed of pigs forward, and the action is 40 repeated; this time the sow V which was under the wedge block t2 is carried "forward beneath the sow breaking ram Q2, the wedge block T grips another 66 66 66 66 66 portion of the sow V, the pig breaking ram R3 descends and snaps off the pigs and the sow breaking ram Q descends and snaps off the sow. In "the arrangement shown the feed may be thrown out of gear by raising 45 "the lever W and weight W1 as will be readily understood. The whole machine "is secured to a suitable foundation and delivers the broken metal by means of a shoot, to any desired position." 66 The Defendants by their Defence denied infringement, and alleged that the Patent was invalid. Particulars of Objections were delivered which alleged― 50 (1) that the Plaintiffs were not the first and true inventors; (2) prior publication; (3) anticipation by common general use in the trade; (4) want of utility; (5) non-distinction of new parts from old; and (6) want of subject-matter. The following are the particulars of the Specifications mentioned in paragraph (2), viz. :—Berry (No. 3555 of 1867); Lester (No. 2232 of 1878); Edwards 55 (No. 414 of 1879); Lake (No. 1175 of 1881); Evans and Mason (No. 787 of |