"Third, the herein before described method of preparing the illuminating part of an electric lamp consisting in first obtaining a solid deposit of carbon by electric action as set forth, and subsequently when the globe containing it is charged with a carbon preservative atmosphere, before the flow of such preservative atmosphere through the lamp has ceased, and before the lamp is finally sealed, heating the illuminating part by means of the electric current, in order to expel impurities and occluded gases."

The plaintiffs were assignees of this patent and the invention in the manufacture of carbon "filament" lamps, under the Edison patent (dealt with in the preceding case). A filament not being of uniform cross-section, became hotter at some points than at others. By means of the above process, the carbon was deposited from the hydrocarbon just as required till the filament had a uniform brightness throughout.

In

At the trial of an action for infringement the main defence was : validity on account of the specification being insufficient or misleading, as the terms carbon gas" and "carbonic gas" would include CO and CO.,

neither of which would suit.

The directions were alleged to be insufficient, but no evidence was called to show that a workman would be misled.

Judgment was given for the plaintiffs (3 R. P. C. 183). The defendants appealed.

Held, by the Court of Appeal, that the "carbon gas or liquid" in the first claim referred to such as was described in the specification, namely, not those "hydrocarbons" strictly so-called (compounds of C and H only), but those popularly included in the term which contained other elements

in addition.

Lindley, L.J. (at p. 107): ". . . It remains to consider the objections to the specifications and claim. One is that the expression carbon gas or liquid'in the claim is ambiguous and too wide and misleading. It is urged that the expression includes carbonic oxide and carbonic acid, neither of which will do. But every claim in every patent must be read and construed with reference to the specification, and not as if the claim was an isolated sentence having no connection with or reference to that which precedes it.1 To see what is meant by carbon gas or liquid we must turn to the specification, and when we do so we cannot conceive that any one reading the specification fairly, with a view to understanding it, would ever dream for a moment that carbonic oxide or carbonic acid would answer the purpose or

could be meant by 'carbon gas.'" 2 P. 108: "... No doubt it is for the Court, and not for a workman, to construe the specification; but if a work man says it is a sufficient guide to him, and the Court believes him, the Court must hold that, as regards clearness of description, the specification is in point of law sufficient."

Followed by Lord Esher, M.R., in Edison Bell Phonographic Corp. v. Smith, 11 R. P. C. 396; and by Kay, L.J., in Parkinson v. Simon, 11 R. P. C. 507.

This whole passage quoted and followed by Byrne, J., in Reason Manufacturing Co. v. E. F. Moy, Ltd., 19 R. P. C. 415.

v.

1887. WOODWARD V. SANSUM, 4 R. P. C. 166.

Disconformity-Inclusion of Improved Invention.

A patent1(No. 6209 of 1884) was granted to the plaintiff for "improvements in pen and pencil cases and other holders for like instruments and materials."

The specifications 2 were in the following terms:

"My invention has reference to pen and pencil cases and other holders for like instruments and materials; that is, cases for holding pencils, crayons, solid aniline inks, knives, toothpicks, and the like, in the manner hereinafter described, whereby the part or movement carrying the writing material or instrument is projected or unsheathed by holding the case point downwards in a vertical position, and at the same time pressing a pusher-cap at the summit of the case. The nozzle of the movement carrying the lead or other instrument is projected by gravity from its case, and is held in such a position by relaxing pressure on the cap described, which then returns to its normal position, the nozzle of the movement protruding from the case or holder ready for use.

"When it is wished to enclose the nozzle of the movement within its case for protection or otherwise, it is only necessary to invert the case or holder with the nozzle pointing vertically upwards, when on again pressing the sliding-cap at the end of the holder, as described, the movement is liberated, and the part containing the lead or other instrument falls again by gravity or by its own weight into the interior of its case, and on ceasing to press the terminal sliding-cap the movement is suspended or fixed therein and the point of the lead or instrument projected.

"For convenience of description, I will describe my invention as applied to a pencil-case.

"Encased within the barrel of the pencil-case is a conductor-tube, in which the movement or part carrying the writing material freely slides or traverses. The said movement has a pin affixed at its upper part, which slides or moves within a quick spiral or helical slot running down the barrel of the said conductor-tube. This helical slot has top and bottom cross-slots, in which the pin of the movement takes for locking and suspending the said movement when in its projected or sheathed position.

"Working and sliding upon the conductor-tube described is a secondary or pusher-tube, which has at its summit a sliding-cap for operating the pencilcase. The said pusher-tube has a plain helical or spiral slot running longitudinally down its barrel, and which is of the same pitch as that in the conductortube; this slot in the pusher-tube has no top or bottom slots. The pin of the

1 The action was brought for infringement of two patents. It is only necessary for the present purpose to refer to the second.

2 To facilitate comparison, the two specifications are here given together. To read the provisional, omit all passages in square brackets and read the words in italics. The complete is read by omitting the words in italics and reading those in square brackets. The introduction of new matter and alleged disconformity are thus seen at a glance.

movement works within the coincident slots of the conductor and pusher tubes on the movement changing its position, [or the drop movement may be provided at its upper end with top and bottom cross-slots leading into a longitudinal vertical slot instead of the conductor-tube. The pin for holding the movement in its projected or sheathed position is stationary with regard to the said movement, although the said pin has a slight lateral movement sufficient for the moving of it out of the locking-slots when the movement is required to fall].

"The pusher-tube with its helical or spiral slot is incapable of rotating by a vertical slot at the bottom of the tube engaging with a long stud or pin on the fixed conductor-tube.

"A coiled spring resting upon the top of the conductor-tube gives the return movement to the cap and its pusher-tube.

"The action of the pencil-case is as follows, on the nozzle of the movement being in its sheathed position with the pin of the movement within its sheathing-slot-on pressing vertically inwards the pusher-cap, the pushertube is lowered, and by its downward movement causes the upper part of the left-hand side of the helical or inclined slot to act against the pin on the movement, [or the pin engaging with the movement], thereby forcing the said pin from the sheathing-slot into the coincident helical slots of the conductor and pusher tubes, [or into the slots of the movement and pusher tubes, as the case may be], and so freeing the pin and allowing the movement to fall out of its case the required distance by its own weight, which is fixed in this position by relaxing pressure on the sliding-cap by the right-hand side of the slot of the retiring pusher-tube forcing the pin of the movement into the cross locking-slot of the conductor-tube, [or into the cross locking-slot of the movement], thereby fixing the movement in its locked position.

"When it is required to sheath the nozzle of the movement within its case, it is only necessary to invert the pencil-case and again press the slidingcap, which frees the pin from the locking-slot [either in the conductor-tube or in the movement] and uncovers the helical slot of the pusher-tube, and allows the movement to fall within its case, as herein first described, which is again fixed by ceasing to press the pusher-tube, which retires to its normal position, pressing the pin of the movement into the sheathing-slot, and holding the movement within its case.1

"The top and bottom cross locking-slots may be on the movement itself, and the pin which fixes the movement may have a slight lateral motion, independent of the drop movement itself.

"The liberation and fixing of the pin which holds the movement in its respective locked and sheathed positions may be operated by changing the position or positions of the inclined slot or slots which work the locking or fixing pin, without materially affecting the principle and object of my invention, as the inclined sides of the helical, locking, and releasing slots acting in a vertical direction constitute the principle or essential points of my invention.

1 The provisional specification ends here.

"The casing which covers the body of the pencil-case may be made to slide upon the other parts, or the other parts may be made to slide within the casing without materially altering the nature or essence of my invention."

In the specification the details of the invention are given and illustrated by means of drawings.' The letters signify the same parts throughout. The "drop movement" is the innermost tube, or lead-carrier, b, to which is attached the pin b3 (Fig. 11), which projects through the slot d in the fixed conductor-tube d. The pin projects further into the helical slot of the pusher tube (Fig. 11). The slots d and care of the same pitch throughout. At each end of the slot d is a cross locking-slot d. The pusher-tube c is pushed down by the cap c, in which is a spring that forces the tube c back into its original position when the operation is over; it is guided in its motion by the pin e moving in the slot . The pencil-case is held vertically, the pin b, then resting (Fig. 2 and Fig. 10) in the cross-slot d. On pushing down the pusher-tube c the sider of the slot sliding against the pin b2 forces it out of the slot d, into the slots d and c (Fig. 3), which then coincide. The drop movement then falls, the pin b2 dropping to the bottom of the slot d (Fig. 4). On removing the pressure the spring restores the pusher-tube to its original position, the side of the slot & sliding against the pin by forces it into the locking-slot d, (Fig. 5), when the operation is finished. To restore the lead to its case the pencil is held vertically point upwards; the reverse operation is then similarly performed.

The second sheet of drawings showed another modification of the invention, in which the slots were not helical, but bow-shaped, the cross locking-slots being at opposite sides of the slot. The action, however, was the same as that described.

The third form of the invention was next described." Figs. 20 to 32, both inclusive, represent a pencil-case constructed according to my invention, in which the drop movement carrying the lead or other instrument is fixed and released by the inclined sides of a diagonal or helical slot, which alternately act upon a pin, as in the other arrangements, for releasing and fixing the said drop movement either in its closed or projected position.

"The same letters indicate the same parts in all the figures.

66

a is the outer casing, and b is the drop movement, having at its upper end a longitudinal slot, b2, and cross locking slots, b3, b1; the reverse side of the movement has a horizontal opening as shown in Fig. 30. The lastnamed slots are the same as hereinbefore described in the conductor-tube, the difference being that in the former case the slots remain stationary, while in the latter it falls with the movement. The conductor-tube c has a crossslot, c, on one side, and a hole, c3, on the other. The hole constitutes the fulcrum, on which the end of the pin d moves laterally. The slot & limits the motion of the pin at its front or locking end in being moved into and out of

1 The description is here summarized, but enough is given to illustrate the action of the invention as originally described and the improvement introduced into the complete specification which constituted the alleged disconformity.