Page images
PDF
EPUB

Saccharine (Saccharine Corp., &c. v. Chemicals, &oc.), 37
Saddle, connections for (Brooks v. Lamplugh), 70, 407, 410
Sale, articles deposited for (Mullins v. Hart), 24

large sale as evidence of invention. See Evidence
Samples, publication of (Hancock v. Somervell), 24
Scotland, legal procedure in, 510, 511
Screw-propellers, bearings in (Penn v. Bibby), 65
Seal of Patent Office, 101

received in evidence, 503
Sealing of Patent, 158, 489
date of, 490

under Act of 1852, 54
when usually sealed, 594
time allowed for, 158, 489, 515
refused in clearest cases only, 132

per Webster, A.G., 132, 137
Search, by inventor at Patent Office, 100

fees for copies of documents, 594
officials do not act for inventor, 594
for specifications, how made, 599

by officials, under new practice, 116, 523, 524
Secret user by patentee, 21, 79, 80

Lord Campbell, C.J., on, 218
Tennant's Case, 182

See Prior User
Selection, invention by. See Inventive Ingenuity
Sewing-machine (Foxwell v. Bostock), 225

claim too wide, 60
Sharpener for knives (Felton v. Greaves), 77
Shearing-machine, brush on (Lewis v. Marling), 76
Ship’s frames (Jordan v. Moore), 243

construction of claims for, 31, 92
Shop, open manufacture in shop (Humpherson v. Syer), 24
Shore Groynes (Case v. Cressy), 450
Simplicity of combination, may mislead, 40, 328

See Inventive Ingenuity
Skate. See Roller Skate

Skilled Workman. See Workman

Smelting, equivalents in (Heath v. Unwin), 97, 200

preventing cold short (Hill v. Thompson), 183
heating of blast (Neilson v. Harford), 10, 37, 187

anthracite and hot blast (Crane v. Price), 17, 195
Smokeless powder. See Explosives

Specification, reasons for a, 3, 52

per Lord Halsbury, L.C., 460
origin of Provisional Specification, 54. See Provisional Specification
invention to be described in, 56. See Complete Specification
to whom addressed, 73. See Construction of Specifications
amendment of. See Amendment of Specifications
when printed and on sale, 594

how obtained from Patent Office, 591, 599

postal request for: Form C', 552
libraries supplied by Patent Office, 507, 600-605
foreign and Colonial at Patent Office, 101, 598

American, where may be seen, 600-605
Specific Reference. See Disclaimer
Spinning Machinery (Curtis v. Platt), 97, 231
Stamping of documents for registration, 593
Statute of Monopolies (sect. 6), 1, 19, 20
Steam-engine, separate condenser (Boulton v. Bull), 9, 12
Stencil-sheet for typewriter (Dick v. Ellam's, &c.), 46, 91, 430
Step of bicycle (Osmonds v. Balmoral, &c.), 60, 418
Stone, artificial (Owen's Patent), 75
Storage Battery. See Electricity
Subject-matter defined, 6, 102
subjects of patents, 2, 3

See various heads, Bicycle, Dyes, Electricity, &c.
must be a manufacture, 6
introduction of new mechanism is, 376

See Manufacture
must exhibit invention, 20

per Rigby, L.J., 324
See Evidence of invention, Invention, Inventive Ingenuity
considered, by Comptroller, 102

in opposition cases, 133, 135
Subordinate Integers. See Combinations, Construction of Claims
Subsequent Inventors, rights of, 47, 607–609
Subsidiary Claim, defined, 58

object of, 59
small amount of utility will support (per Bowen, L.J.), 289
Illustrations of -

for brush in shearing-machine, 58, 64, 76
for fastening hinged comb, 64
for igniting dynamite, 58, 64

per Lords Cairns, L.C., and Hatherley, 275
for magnets in a meter, 482, 484
for particular use of patented metal, 58, 64

per Lord Westbury, 221
for securing skate-runner, 58, 64

per James, L.J., 258

[graphic]

Sufficiency of Specifications, 72–79

must give full directions, 72, 73
reader's knowledge supposed, 73

in improvement cases (Le Blanc, J., and Lord Ellenborough, C.J.), 183
specification addressed to skilled persons, 73

to practical workman (per Parke, B.), 188

to skilled person (per Cotton and Lindley, L.JJ.), 318
amount of detail required, 73, 74
all sources of error need not be noted, 73, 76

per Cotton, L.J., 245
obvious errors do not invalidate, 73, 77

e.g. slide in gas-engine, 284 (n.), 288
in anticipating specification. See Prior Publication by documents
evidence of workman, 73

per Lord Cairns, 275

per Lindley, L.J., 299
two rules as to disclosure, 74
full disclosure necessary to validity, 74

per Lord Ellenborough, C.J., 182
public not to need experiments (per Abbott, C.J.), 186

per Cotton, L.J., 245

except for practice (per Lindley, L.J.), 319
secret user by patentee invalidates, 79
Illustrations of invalidity—

false statement as to temperature, 75, 76
equivocal specification for windlass, 75
omissions as to-

use of acid to accelerate process, 74, 75
tallow for tempering, 75
directions for heating, 244
prolongation of process, 181
materials that failed, 75

a special white lead, 75
Sufficiency of Directions, 76

what errors will not invalidate, 77
Illustrations of Insufficiency-
as to sharpening scissors, 77

air-holes in lamps, 77, 254, 257
application of preserving solution, 270
making bread and biscuits, 77
switching cells in lighting circuit, 78, 345, 349

use of enamelled vessel, 78, 407
Alleged insufficiency disproved-
use of condenser in gas apparatus, 78

term “carbon ” gas, 79, 297
in daguerreotype process, 78
proportions of ingredients in dynamite, 78
wrong drawings of slide for gas-engine, 78, 283, 288
kneading filaments for glow-lamps, 79, 317

use of term “filament,” 297
shades in dyeing, 79, 311

per Lord Herschell, 314

per Romer, J., 366
filling liquid-brake bowl, 79
class of substances for dye, 79, 362

per Romer, J., 364, 365

Sulphuric Acid concentration (Webb v. Kynochs), 31, 91, 425
Sun Yellow. See Dyes
Surrender of Patent, in case of rival applications, 487

Table, expanding (Jupe v. Pratt), 12
Taps of beer-barrels (Nuttall v. Hargreaves), 71, 334
Telegraph, Cook and Wheatstone's (El. Tel. Co. v. Brett), 199

return wire not essential, 90
laying cable (Newall v. Elliott), 201

ships' (Chadburn v. Mechan), 67
Telephones (United Telephone Co. v. Harrison), 281
Temperature, altering, may be invention, 37

per Lord Herschell, 190
false statement as to, invalidating, 75
Tennis-racquet, handle of (Slazenger v. Feltham), 44
Term of Patent. See Patent
Testing machine (Bentley v. Fleming), 24

cables not prior user (Newall v. Elliott), 24, 201
Theory need not be given in specification, 60

only processes, per Romer, J., 366

per Finlay, S.G. (Dellwik's Pat.), 61
false, when claimed invalidates, 61

e.g. in making a dye, 61, 401
otherwise not, 61
e.g. making aniline dye, 61, 244

use of transformers, 61, 367

Threats, remedy for groundless, 497

Three-wire System. See Electricity
Ticket-punch (Ticket Punch Register Co. v. Colley's Patents), 13
Time, power of Comptroller to enlarge, 540

applications for enlarging, 592
for leaving complete specification, 55, 110, 487, 528

under new practice, 110, 523
extended by Comptroller, 110, 515

Form U, 567
for acceptance of complete specification, 488, 528

extension of : Form V, 568
for convention applications, 177, 509, 522, 528, 597
for sealing patent, 158, 489
for renewal fees, 539, 542, 543
extension of, 491, 539, 592

Form K, 558
for opposition to amendments, 161, 491 536

[graphic]

Time--continued.
In opposition cases-

for hearing by Comptroller, 119, 489
for leaving declarations, 120, 121, 534
for appeal, 155, 571

when extended, 156, 571

payment of costs, 157, 572
Title of Specifications, origin of, 53

effect of, before 1852, 53

partly superseded by provisional specification, 54
specifications must commence with, 56, 111, 486

wording of, 106, 107
examination and amendment of, 108, 487

Webster, A.G., on, 115

Trade Secret not patentable, 79, 80

Transformers. See Electricity

True and First Inventor, defined, 49, 50

2.8. Tennant's Case, 51, 182
assistance of workmen, 50
importers of inventions are, 19, 48

no inquiry as to transactions abroad, 126

Trusses, manufacture of (Liardet v. Johnson), 75
Trusts not to be registered, 503
Tubes, drawing of (Tubes, Ltd. v. Perfecta, &c.), 453
Typewriter, transmission-sheet (Dick v. Ellams, &c), 46, 91, 430
Tyres, Bartlett's patent (Gormully, &c. v. N.B. Rubber Co.), 414

Welch's patent (Pneumatic, &c. v. Leicester), 68, 422
Welch's patent (Pneumatic, &c. v. E. London, &c.), 33, 425
Woods' valves (Pneumatic, &c. v. Casswell), 41, 381
securing cover of (Birmingham, &c. v. Reliance), 69
air-tight bands (Tubeless, &c. v. Trench), 71
dovetailed rims (Shrewsbury, &c. v. Sterckx), 33, 377

User by patentee. See Secret user

User that invalidates. See Prior User

Uses, not to be claimed, 61

not patentable (per Rigby, S.G.), 134

See Combinations, Inventions, and Manufactures
Utility

comparative, as evidence of novelty, 39
comparative, as evidence of invention, 40

is not conclusive, e.g. cycle-handles, 44, 433

« PreviousContinue »