(c) EHRLICH v. IHLEE. C. A. [1888]

Where there is general utility in an invention, it is necessary to show very little utility in order to support a second claim which is only subsidiary. (5 Ö. R. 437.)

Question for the Jury.

(d) HILL v. THOMPSON. [1817]

The utility of an invention is a question for the jury. (3 Mer. 630; Web. P. C. 237.)

(e) BLOXAM v. ELSEE. N. P. [1825]

Abbott, C.J., left it to the jury to say whether the invention was useful. (1 C. & P. 565.)

(f) CORNISH v. KEENE. N. P. [1835]

The evidence respecting the utility of a patented article being conflicting, and the article itself being produced, it is for the jury to use their own judgment of the matter, and determine whether it is useful or not. (1 Web. P. C. 506.)

(9) MACNAMARA v. HULSE. N. P. [1842]

Where, in an action for infringing a patent for blocks for pavement, the plaintiff claimed as his invention that his blocks were bevelled both inwards and outwards on the same side, but the specification did not state at what angle the bevels should be made; and one witness stated that the angle was material, but another witness stated that any angle would be of some benefit, Lord Abinger, C.J., said: "It will be for the jury to say whether any particular angle is essential, or whether any angle whatever is useful and beneficial." (Car. & M. 471.)

Validity of Patent,

effect of, on petition for extension, pp. 130–132

considered on motion for interim injunction, pp. 334–345

matters affecting to be entered on register, p. 397

considered in action to restrain threats, p. 552 (y).

Variance,

between title and specification, pp. 565–569

between provisional and complete specification, pp. 414–421.

Variations in Rules.

PATENTS ACT, 1883, sect. 101. (1) The Board of Trade may from time to time make such general rules and do such things as they think expedient, subject to the provisions of this Act

(c) For making or requiring duplicates of specifications, amendment, drawings, and other documents;

(d) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the Board of Trade think fit, of specifications drawings amendments and other documents;

(e) For securing and regulating the making printing publishing and selling of indexes to, and abridgments of, specifications and other

documents in the Patent Office; and providing for the inspection of indexes and abridgments and other documents;

(f) For regulating (with the approval of the Treasury) the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions at home and abroad;

(9) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the comptroller, or of the Board of Trade.

(2) Any of the forms in the first schedule to this Act may be altered or amended by rules made by the Board as aforesaid.

(3) General rules may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall (subject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.

(4) Any rules made in pursuance of this section shall be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next session of Parliament, and they shall also be advertised twice in the official journal to be issued by the comptroller.

(5) If either House of Parliament, within the next forty days after any rules have been so laid before such House, resolve that such rules or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule or to the making of any new rules or rule.

Sect. 115. All general rules made by the Lord Chancellor or by any other authority under any enactment repealed by this Act, and in force at the commencement of this Act, may at any time after the passing of this Act be repealed altered or amended by the Board of Trade, as if they had been made by the Board under this Act, but so that no such repeal alteration or amendment shall take effect before the commencement of this Act; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act.

Vending,

patented article. See under Infringement, pp. 163–171.

Venue,

motion to change, refused, p. 353 (j)

affidavit in support of, p. 353 (i)

changed to assizes, p. 353 (1) (m)

of petition for revocation, pp. 353 (m), 403 (i)

of infringement by posting from Scotland to England, p. 353 (k).

Verbal errors in specification, p. 430 (t).

Waiver of forfeiture by acceptance of licence rent, p. 213 (y).

War, munitions of, Patents Act, 1883, sect. 44, pp. 406, 407.

Words,

in specification to be construed according to their ordinary meaning, p. 473 (z)

and read as by a person of ordinary understanding, p. 466 (a).

Workman is not liable for infringement committed by order of master, p. 165 (u).

CASES CLASSED ACCORDING TO THEIR SUBJECTMATTER.

The following Table is given to facilitate the finding of a case of which the name is forgotten, while the nature of the invention is known. The classes are those under which the abridgments of Specifications are grouped by the Patent Office, and the numbers and letters following each class indicate some cases in which inventions belonging to that class have been before the Courts.

303 (j); 403 (h); 459 (i); 469 (m); 512 (c); 539 (x1); 553 (z); 564 (w) 37 (c); 45 (g)

49 (ƒ); 223 (b); 306 (z); 531 (e) 126 (a1); 444 (ƒ1)

160 (d); 196 (u); 238 (q); 526 (x); 549 (p); 555 (ƒ)

21 (d); 118 (8); 241 (y) (b); 515 (n)

70 (v); 439 (p); 459 (h); 463 (b); 464 (w); 470 (8) (t); 487 (q); 501 (b); 514 (g); 527 (y); 531 (g); 539 (x); 576 (g)

63 (x); 271 (ƒ); 420 (j); 553 (a) 192 (p); 295 (y); 411 (n); 466 (b) 95 (b); 162 (i); 170 (z); 182 (i); 199 (f); 292 (n) (p); 298 (n); 349 (t); 382 (i) (j); 411 (n); 417 (c); 466 (b); 479 (k); 549 (q) 52 (z); 315 (d); 404 (j); 435 (ƒ); 444 (g); 532 (h)

Lace-making, knitting, netting, braiding 50 (i); 198 (b); 299 (o); 415 (a);

Mining, quarrying, tunnelling and well- 17 (t); 42 (v); 49 (g); 72 (b); 156

584

Cases Classed according to Subject-Matter.

213 (z); 461 (n); 524 (t); 539 (w)
25 (z); 174 (k); 194 (8)

49 (d); 156 (q); 264 (m); 464 (y);
499 (u)

123 (n); 327 (c); 442 (c); 445 (j)
21 (c); 114 (c); 137 (w); 173 (j);
348 (n); 452 (i); 485 (a); 521 (e);
576 (8)

Railway signals and communicating 179 (b); 243 (h); 321 (g); 579 (a)

apparatus

Railways

Raising, lowering, and weighing

Roads and ways

Saddlery, harness, stable fittings, &c.
Safes, strong rooms, tills, &c.

Sewing and embroidering

51 (r) (s); 200 (m); 201 (n) (0);
554 (e)

.

428 (k); 499 (8); 508 (t); 564 (v)
451 (h)
200 (k1)

261 (c); 311 (m1); 320 (x); 328 (e);
343 (q); 415 (z); 458 (c)

Ships building, repairing, sheathing, 322 (i); 428 (l); 472 (v)

launching, &c.

Skins, hides and leather

Spinning, including the preparation of
fibrous materials and doubling of yarns
and threads

121 (f); 171 (a); 225 (ƒ); 424 (z);
453 (k)

193 (q); 231 (d); 521 (h); 522 (k)
241 (a); 371 (u); 504 (l)

149 (v); 50 (1)

127 (c); 197 (x); 306 (w)
228 (u); 305 (p); 333 (z)

242 (b); 273 (k); 530 (c) (d)
182 (f); 200 (7); 463 (u); 480(p);
510 (b); 521 (ƒ1); 528 (a); 574 (1)
21 (e); 522 (j)

52 (v); 501 (c); 463 (u)

44 (d); 230 (b); 567 (g)

20 (y); 174 (m); 219 (8); 258 (p);
295 (x); 568 (j)