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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-handles, 38, 44, 433

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.
when expert evidence unnecessary, 86

e.g. directions as to heating, 86, 245
description of hat-comb, 86

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
See Anticipation, Novelty, Prior Publication

Expert advice as to anticipations, 101

to assist Law Officers, 149, 150, 489
See also Evidence

Explosives-Ballistite (Nobel v. Anderson), 366
equivalents excluded, 98

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
flushing drains, 41, 371

in opposition cases, 127, 152

turned to success shows invention, 36

per Jessel, M.R., 257

e.g. Duckett v. Whitehead, 371
and illustrations above.

Fair Development. See Disconformity

False Representation as to article "patented," 2, 510, 594

False Suggestion to the Crown invalidates patent, 50, 81, 181
per Parke, B., 185

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
payment of, for renewal, 539

extension of time for, 491

application for certificate of; (Form J), 557
list of fees payable, 542, 589

not reduced nor remitted, 595

Ferrules (Wilson Bros. v. Wilson & Co.), 463
no invention in attaching, 44, 466
claims for, too wide, 91, 466

Fireproof buildings (Hartley's Patent), 9

floors (Fawcett v. Homan), 383

lintels, novelty of function, 33, 387

claim for, how construed, 90, 388

[blocks in formation]

Fraud of earlier applicant on later, 159, 498
in obtaining amendments, 163

Function, claim read in light of, 89, 388
discharged, evidence of principle, 31
per Lord Chelmsford, L.C., 241, 242
per Lord Hatherley, 248

per Lord Halsbury, L.C., 449

per Lord Davey, 483

per Rigby, L.J., 388

per Romer, J., 400
Different functions of parts-

in fireproof floors, 33, 42, 383

in gig-mill, 41, 376

in hoists, 41, 371
in gas-lamps, 42, 336

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

[blocks in formation]

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
invention in dilution of solution, 37, 369

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
refusal of, in certain cases, 3, 504

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
construction of claim for, 94, 374

Holidays at Patent Office, 506

Horse-clippers (Clark v. Adie), 259
claim for combination, 90, 262

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
by evidence (per Lord Westbury, L.C.), 219
steps in comparing, 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
inventions of different form, same 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
must be for manufactures, 14

per Lord Cranworth, 230
per Lord Halsbury, L.C., 428
per Lord Davey, 430, 484

must be capable of being specified, 14

per Lord Cairns, L.C., 268

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