state of knowledge to be considered (Lord Alverstone, M.R.), 444 of experts as to, 37 Lord Herschell on, 396, 397 length of research does not prove (Tindal, C.J.), 197 meeting a want, 38 per Lindley, L.J., 387 per Smith, L.J., 410 e.g. device for turning forgings, 41, 329 rolling dovetailed rims, 381 printing late news, 42, 449, 450 large sale not conclusive, 38 e.g. hat-combs, 38 apparatus for distribution of electricity, 38, 329 cycle-saddles, 410 results are (per Tindal, C.J.), 196 per Jessel, M.R., 257 overcoming difficulties is (per Lindley, L.J.), 355 by comparing art before and after (Romer, L.J.), 449 Novelty, of patentee's experiments not necessarily, 394 prior publications, 26, 339 See also Prior Publications tested in combinations by functions of parts, 31, 33, 39 per Lord Hatherley, L.C., 248 per Lord Halsbury, L.C., 449 State of knowledge, of important in construing specifications, 86 per Lord Blackburn, 219 per Lord Alverstone, M.R., 444 e.g. as to meaning of terms, 86, 219 Evidence-continued. State of knowledge, of-continued. e.g. directions as to heating, 86, 245 before Comptroller, 121 examination of equivalents, 133 Sufficiency, of, workman's, is best, 73 per Lord Cairns, L.C., 275 per Lindley, L.J., 299 Examination of applications. See Application, New Practice Examiner, reference to. See Application Exhibitions, protection of inventors at, 29, 499, 593 out of the United Kingdom, 29, 518 procedure to be adopted, 532 form of notice: Form O, 562 Experiments, abandoned, do not anticipate, 23 before completing the specifications, 169 during contract not anticipation (Newall v. Elliott), 203, 204 Expert advice as to anticipations, 101 to assist Law Officers, 149, 150, 489 Explosives-Ballistite (Nobel v. Anderson), 366 use of term "soluble nitrocellulose," 88 Bellite (Lancashire Explosives Co. v. Roburite, &c.), 394 claim intentionally limited, 91, 397 Dynamite-(British Dynamite Co. v. Krebs), 274 Maxim's (Maxim Nordenfelt v. Anderson), 417 Roburite (Lancashire Explosives Co. v. Roburite, &c.), 42, 397 Extent of patent. See Patent Eyeglasses. See Pince-nez Eyelets for boots (Thierry v. Riekmann), 46, 391 Failure of part of invention avoids patent, 181, 185 of alleged anticipations, 27, 28 does not avoid patent, 211, 212 e.g. in gas-purification, 210 circular wick in lamp, 28, 257 door-fastener, 28, 317 brick-making machine, 249 in opposition cases, 127, 152 turned to success shows invention, 36 per Jessel, M.R., 257 e.g. Duckett v. Whitehead, 371 Fair Development. See Disconformity False Representation as to article "patented," 2, 510, 594 False Suggestion to the Crown invalidates patent, 50, 81, 181 per Abbott, C.J., 186 causing ambiguity, 181 as to utility, 80, 81 Falsification of entries in Register, 505 Fast Red B.T. See Dyes Fees, prescribed by Board of Trade, 493 extension of time for, 491 application for certificate of; (Form J), 557 not reduced nor remitted, 595 Ferrules (Wilson Bros. v. Wilson & Co.), 463 Fireproof buildings (Hartley's Patent), 9 floors (Fawcett v. Homan), 383 lintels, novelty of function, 33, 387 claim for, how construed, 90, 388 Fraud of earlier applicant on later, 159, 498 Function, claim read in light of, 89, 388 per Lord Halsbury, L.C., 449 per Lord Davey, 483 per Rigby, L.J., 388 per Romer, J., 400 in fireproof floors, 33, 42, 383 in gig-mill, 41, 376 in hoists, 41, 371 in glass furnace, 42, 245 in flax-spinning, 43 Same functions of parts— flax-spinning machine, 41, 190 mincing machines, 44 pince-nez, 44, 398 valves for tyres, 33, 425 General Reference. See Disclaimer in cases of opposition German Specification, anticipation by (Harris v. Rothwell), 27 Gig-mill, new arrangement of (Moser v. Marsden), 41, 374 Glasses, achromatic (Dollond's Patent), 50 Glass-blowing (Cannington v. Nuttall), 93, 245 Gold-recovery by cyanide process (Cassel Gold, &c. v. Cyanide, &c.), 367 a fair development, 68 construction of specification, 93 per Smith, L.J., 369 Governing Patent. See Master Patent Grant of Patent, conditions for, 52-83 See Disconformity, Specification, Sufficiency, Utility person to whom granted. See True and First Inventor, and Application to two jointly. See Contemporaneous applications Guns, touchholes in (Manton v. Parker) 82 Handles, felt (Cooper v. Baedeker), 44, 431 Hats, comb for (Savage v. Harris), 38 Heating, omission to mention (Simpson v. Holliday), 83 Hoists with friction clutch (Morris v. Young), 371 new function of parts in, 41, 43 Holidays at Patent Office, 506 Horse-clippers (Clark v. Adie), 259 invention, the machine only, 12, 13, 263 Hot Blast. See Smelting Identity of Inventions, 30-33 considered under new practice, 30 comparison of invention and anticipation, 30 e.g. claims including what was old, 31 introduction of new principle, 31 test of difference of function, 31 inventions of like form, different in principle, 32 combinations, comparison of, 32, 33, 39 per Lord Hatherley, L.C., 248 per Lord Halsbury, L.C., 449 e.g. difference of functions, 33 application of same principles, 33 See also Function Importer of inventions. See True and first inventor Improvements, patents for, 14, 15 may be "master" patents, 15 per Lord Cranworth, 230 must be capable of being specified, 14 per Lord Cairns, L.C., 268 |