British United Shoe Machinery Co. Ld. v. A. Fussell & Sons Ld. "sleeve and gripper-carrier, and bearing against said spindle frictionally, means "to rotate the said spindle and gripper-carrier in unison, the openings in the "feeding sleeve for the reception of the friction blocks being longer than the "said blocks to afford sufficient lost motion in order that the gripper-levers "during the descent of the feeding sleeve may be made to grasp the wire, the 5 "said sleeve as it is elevated retiring from the gripper-levers and leaving the "latter free to open and retire from engagement with the wire, substantially as "described. 66 "3. 5-The use in a machine for inserting threaded wire into boots, shoes, "or leather work, of the following instrumentalities, viz ;-a wire-carrying 10 spindle; a surrounding gripper carrier provided with grippers to engage the "wire; a feeding sleeve provided with surfaces to actuate the grippers and "cause them to clamp the wire preparatory to feeding the same; a series of "friction blocks; and an adjusting device to cause the said friction blocks to engage the spindle with more or less force, substantially as described. 66 66 66 15 "4. 6:-The use in a machine for inserting threaded wire into boots, shoes, or leather work, of the following instrumentalities, viz ;-a rotating wirecarrying spindle provided with a worm; a cam-shaft having at one end a "worm gear in engagement with the said worm, and provided at its other end "with a toothed gear and having a series of cams; an auxiliary shaft parallel 20 "to the cam shaft and provided also at one end with a worm gear and at its "other end with a pinion, the latter worm gear being also driven by a worm on "the spindle, the pinion on the auxiliary shaft engaging the toothed gear on the 66 cam shaft, to operate, substantially as described. 66 66 "5.7 :-The use in a machine for inserting threaded wire into boots, shoes, 23 or leather work of the following instrumentalities, viz;—a rotating wire "carrying spindle provided with a worm; a cam shaft having at one end a "worm gear in engagement with the said worm and provided at its other end "with a toothed gear and having a series of cams; an auxiliary shaft parallel "to the cam shaft and provided also at one end with a worm gear and at its 30 "other end with a pinion, the latter worm gear being also driven by a worm on "the spindle, the pinion on the auxiliary shaft engaging the toothed gear on the cam shaft; a gripper carrying sleeve; a series of wire feeding grippers made "as levers; a feeding sleeve to act on and cause the said grippers to firmly grip "the wire preparatory to feeding the same, and connections between the said 35 "carrier and sleeve, to operate, substantially as described. 66 "6.9-The use in a machine for inserting threaded wire into boots, shoes, "or leather work of the following instrumentalities, viz;-a wire carrying "spindle; a gripper carrying sleeve; wire grippers made as levers; a feeding "sleeve; friction devices, and devices to reciprocate the feeding sleeve during 40 "the rotation of the spindle, the said feeding sleeve in its descent first acting "upon and closing the grippers upon the wire whatever may be its diameter, "and thereafter by continued pushing on the grippers causing the gripper "carrying sleeve to move downwardly on the spindle overcoming the friction "between the said friction devices and the spindle, the contact of the gripper 45 "levers with the wire being increased in accordance with the resistance afforded "by the material to the passage of the wire through it, substantially as "described. : "10. The use of a rotating wire carrying spindle, the wire carrying spool "mounted thereon and moved thereby; and intermittingly actuated wire feeding 50 "devices located near the lower end of the spindle, of a rotating brake and a co-operating guide located between the spool carrying the wire and the said "wire feeding devices to prevent the wire from sliding backwardly within the "said spindle, substantially as described. 66 66 "11.1:The use in a machine for inserting wire of a rotating wire carrying 55 spindle; its spool to carry the wire; a rotating brake; a guide, and means to British United Shoe Machinery Co. Ld. v. A. Fussell & Sons Ld. "adjust one with relation to the other to compensate for wear of the parts and "wire of different diameters, substantially as described. "12. 18:-The use in a machine for inserting screw-threaded wire of the "following instrumentalities, viz;-a continuously rotating wire carrying 5 "spindle slotted longitudinally for the reception of gripper levers; a "gripper-carrier; wire gripping levers mounted thereon; a feeding sleeve; a "lever, and connections between it and said feeding sleeve, a cam to actuate "said lever to slide the sleeve vertically on the spindle during its rotation; a "measuring leg connected to the said lever; a horn or work support to sustain 10"the leather or other material into which the end of the wire is to be inserted ; 66 66 "connections intermediate the said horn and measuring leg, said connections "being made adjustable with relation to the said measuring leg by or through "variations in the thicknesses of the leather or material on the horn, the said feeding sleeve in its descent upon the spindle acting first to cause the gripper 15 "levers to grasp the wire and thereafter, while the gripper levers hold the wire, move the gripper levers longitudinally with their ends in the slots of the spindle to thus feed the wire out from the end of the spindle resting upon the material on the horn and into the said material, substantially as described. "13. 20:-The use in a machine for inserting screw threaded wire into boots, 20"shoes, or leather work, of the following instrumentalities, viz;-a rotating spindle having a hollow passage for the wire, a brake or device located at a "considerable distance from the lower end of the spindle and adapted to prevent 66 66 66 66 British United Shoe Machinery Co. Ld. v. A. Fussell & Sons Ld. "retrograde motion of the wire; intermittingly acting wire feeding levers to "act upon the wire near the lower end of the spindle to feed the same; and cutting mechanism to sever the wire at the end of the spindle while the "feeding levers break their contact with the wire and leave the latter free to fall "behind the speed of the spindle during the cutting operation, substantially as 5 "described." On the 15th of December 1907 the British United Shoe Machinery Co. Ld. commenced an action for infringement of the Patent against A. Fussell and Sons Ld., who were users of a machine supplied by the Standard Rotary Co. The Plaintiffs by their Statement of Claim alleged-(1) That they were the 10 owners of the Patent; (2) that the Specification of the Patent had been duly amended on 29th of November 1906; (3) that the original Claims in the Specification were framed in good faith, and with reasonable skill and knowledge; and (4) that the Defendants had infringed the Patent; and they claimed damages or an account of profits, delivery up and costs. 15 By their Particulars of Breaches the Plaintiffs alleged that the Defendants had used at their premises situate at Kingswood, near Bristol, for many months British United Shoe Machinery Co. Ld. v. A. Fussell & Sons Ld. prior to and down to the date of the issue of the writ in this action, a screwing machine, supplied to the Defendants by the Standard Rotary Co. Ld., constructed according to the invention described in the amended Complete Specification, and in infringement of the first claiming clause, British United Shoe Machinery Co. Ld. v. A. Fussell & Sons Ld. The Defendants, by their Defence, denied (1) infringement, and (2) that the original Claims were framed in good faith and with reasonable skill and knowledge; and alleged that the Patent was invalid. By their Particulars of Objections the Defendants alleged as follows:-(1) The alleged invention was not new; it was published at the Patent Office in the 5 Specifications of the following British and United States Patents prior to the date of the Plaintiffs' Letters Patent, the whole of each of the said prior Specifications being relied on as against the specified claims : (2) The said alleged invention was not proper subject-matter for Letters Patent, having regard to the state of public knowledge of the art at the date thereof. The Defendants relied on the Specifications set forth above as part of the public knowledge of the time; (3) The Specification of the Patent sued on was insufficient as a description of a workable machine. In support of this 35 objection the Defendants would contend that, as described and illustrated, the horn B cannot be moved by the workman independently of the cam groove B12. (4) The said alleged invention was not useful; (5) the Specification and Claims did not sufficiently differentiate what is new from what is old. The Defendants supplied Plaintiffs with a drawing of the alleged infringing spindle, which was 40 practically the same as Figs. 5 and 8 of Denne's Specification No. 18,974 of 1904. The action came on for trial before Mr. Justice SWINFEN EADY, on February 3rd 1908. Bousfield K.C., Astbury K.C., Walter K.C. and J. H. Gray (instructed by Bristows, Cooke & Carpmael) appeared for the Plaintiffs; T. Terrell K.C., and 45 Courtney Terrell (instructed by Pakeman, Son & Read) appeared for the Defendants. Bousfield K.C. opened the Plaintiffs' case.-The Patent sued on has expired. Delay has been caused by previous actions having to be abandoned, owing to difficulty in proving infringement, and because the Plaintiffs deemed it advisable 50 to amend their Specification owing to additional Particulars of Objections, |