1896. THE SHREWSBURY & TALBOT CAB Co. v. STERCKX, 13 R. P. C. 44. Novelty-Inventive Ingenuity.

In 1883 a patent (No. 703) was granted to W. H. Carmont for "improvements in the manufacture of grooved tyres for wheels."

The specification thus described the object of the invention:-"The object of my invention is to produce tyres grooved in the form of a dovetail for the purpose of holding or securing india-rubber or other yielding substance. In performing my invention I roll a section similar to ordinary channel-iron, but with the lower surface of the base of the section concave. I then pass it through a groove of the necessary shape in rollers that flatten the base, thereby causing the upper edges of the tyre or channel to approach one another and thus form the dove-tailed groove desired." The drawings were next described; Figs. 1, 2, and 3 show one series of rollings to form one shape of dove-tail, and Figs. 4, 5, and 6 another; a being the

upper, the lower, rolls; c the metal rolled, and d the rubber tyre when inserted.

The claim was for :

"The improvements in the manufacture of grooved tyres for wheels, substantially as and for the purposes herein shown and described."

The alleged anticipation was the specification of Alleyne & Roberts (No. 2412 of 1862), which was of an invention of improvements in the manufacture of flanged wrought-iron. The material portions of that specification are as follows:--

"Our invention has for its object the formation of wrought-iron or steel plates, having more or less vertical flanges at their sides, and of wroughtiron beams and frames of a more or less rectangular trough-shaped section, and more particularly when such plates are of considerable dimensions and thickness, by such a process of manufacture that the difficulties and imperfections attendant on their manufacture by processes at present known or proposed are to a considerable extent overcome."

The object of the manufacture was described as producing the " grain" in the flanges of armour plates, &c., in the proper direction. The process was for the production of "flanged plates or trough-shaped beams and frames."

This new process consisted in first forming a plate or slab by known processes; secondly, in rolling it either at once into the shape shewn in Fig. 4 by means of rolls, as shewn in Fig. 1, C, " or if the plate be of considerable thickness, we prefer to pass it first consecutively through rolls having grooves as shown at A and B, Fig. 1" (showing the rolls further apart, with room at the ends for the widening of the metal on compression),

"so as to bring the flat plate by successive operations consecutively into the forms as shown in transverse section at Figs. 2 and 3, and then into the form as shown at Fig. 4, the central portion a being curved, as shown, whilst the two side portions b, b, which are subsequently to form the flanges of the plate or the sides of the trough, are bent sharply up, being made to form such an angle with the extremities of the curved central portion a as the flanges shall be required to assume when the process shall have been completed. The kind of angle, whether a right angle or otherwise, will depend upon the nature of the work to which the plate, beam, or frame is to be adapted. We shall refer to the before-described peculiar formation of the plate as the 'second process.'

1 The italics are not in the original, but are here inserted to call attention to the more important points. Only those portions of the specification which affect this case are referred to or quoted.

"The two sides, b, b of the plate, although brought by the above process into their definite position relatively to the ends of the part a, or nearly so, yet diverge by a considerable angle from one another, owing to the curvature of the central portion, and the position thus given to them in the rolls allows of the free passage into their grooves of the metal which is pressed into them by the simultaneous reduction of the thickness of the plate."

The third stage of the process consisted in flattening the curved portion by a pair of rolls (Fig. 5, D), or when necessary for thicker plates, by a series of rolls at different but decreasing distances apart.

FIG. 6.

a

D

FIG. 5 D.

From Alleyne & Roberts' specification.

The fourth and last part of the process was that of "finishing," as shown at (Fig. 5 E). A hammering process was next described, and subsequently a modification for the forming of a convex surface to the iron :—

"When required, we pass the plate, beam, or frame through a pair of rolls, formed as shown at Fig. 8, Sheet I., so as to form the plate somewhat convex on its outer surface, as shown in transverse section at Fig. 9. If it be required that the flanges b, b shall remain at right angles, or nearly so, to the face of the plate, as shown, the roller A1 (Fig. 8) must be made of such a width as to clear the edges of the side flanges when these are made to approach each other by the bending of the plate, as shown at Fig. 8. In some cases the top roll A1 may be formed so as to press upon the outside

FIG. 7.

E

FIG. 5 E

From Alleyne & Roberts' specification.

FIG. 9.

FIG. 8.
A'

From Alleyne & Roberts' specification.

of the flanges of the plate, in order to assist in bringing them into the requisite position."

No evidence was adduced at the trial to show that a "dovetail" had ever been rolled, or that any workman would know how to roll one from this specification. Sir J. Alleyne (one of the patentees) said there was nothing that would specially "lead to a dovetail," and that if trying to roll one with a flat bottom he would proceed from Fig. 3, and work on Form C, Fig. 1, ante, p. 378.

The result invented by Carmont was much desired for a considerable time before 1883.

Held, at the trial, that the patent was valid and had been infringed.
That decision was supported on appeal.

Smith, L.J. (p. 53): "The specifications and drawings of 1862 do not enable a skilled workman to perceive the very discovery to carry the invention into practical use. . . inventive ingenuity was required to bring about what Mr. Carmont effected, and which, be it noted, though the result was much desired, no one thought of until Mr. Carmont did so in the year 1883."1

Rigby, L.J. (at p. 54), pointed out that Carmont did not include what was old, as his Fig. 1 did not show a "W" with diverging flanges as in Alleyne's specification, and that the diverging flanges in Fig. 4 had the important addition of the bead.

1896. THE PNEUMATIC TYRE Co. v. CASSWELL, 13 R. P. C. 375. Combination of Old Elements-Invention is addition to Public Knowledge. A patent was granted (No. 4175 of 1891) to C. H. Woods for "improvements in or relating to inflated tyres of wheels for bicycles, tricycles, and other road vehicles."

The complete specification was as follows:

"This invention refers to improvements in or relating to tyres of wheels for bicycles, tricycles, and other road vehicles, wherein the said tyres are inflated by means of air, gas, or liquids under pressure, for the purpose of effecting elasticity and immunity from vibration, and consists in providing the same with a non-return valve in an economic and unique manner, which allows of the said valve being operated upon or removed without opening the tyre as hitherto. This I effect by securing to the hollow tyre (A) a tube (B) by means of a nut or its equivalent. The tube (C) is provided internally with a chamber or cavity (J), in which is disposed a conical or other stem, or valve (K), with inlet and outlet passages (N), through which the inflating medium is forced by means of a force-pump or As to this being evidence of invention, see ante, pp. 37, 38.

2 It is only necessary for the present purpose to exhibit one diagram of the drawings. To save space references to it are inserted in brackets in this part of the specification. In the original the description of drawings was repeated separately.