The British Motor Syndicate, Ld., and Others v. J. E. H. Andrews & Co., Ld. defence, should be hampered in this way because they are the first to try the validity of the Patent. Terrell, Q.C.-It was tried before, and evidence was given. ROMER, L.J.-The onus is upon Mr. Graham to show why the Statute 5 should not apply, and why we should not make an order, or why the Plaintiffs have not a proper title. 10 Graham.-I submit with great deference that the Defendants, who have a bona fide defence in a very difficult case of this sort, ought not to be prejudiced when they are the first persons who fight the action. The MASTER OF THE ROLLS.-We can only suppose that the other person did not fight because he thought he would be beaten; therefore I do not see why that should now deprive the Plaintiffs of the certificate. I do not know why we should now interfere. Terrell, Q.C.-I think we are entitled to the delivery up of the infringing 15 articles in the event of damages not being paid. The MASTER OF THE ROLLS.-That would be a very summary proceeding, which we ought not to deal with unless we are driven to it. ROMER, J.-You could not have the engines delivered up or destroyed. Terrell, Q.C-No; only the starters. 20 ROMER, L.J.-You have got an injunction to restrain them; is it worth mentioning this? Terrell, Q.C.-Then I will not say another word about it, my Lord. The MASTER OF THE ROLLS.-That is a vindictive Order. Terrell, Q.C.-I will not say another word about it if your Lordships feel that 25 I ought not to; there is an end of it. I have to ask, in the view that this may go farther, that in the Order Mr. Donkin's report be treated as read. ROMER, L.J.-No, we cannot assent to that, because it was supplemented, as I have already said, by some verbal explanations Mr. Donkin gave to us. I think the result of the report and his verbal statements are embodied in our 30 judgment, and if the case does go to the House of Lords it will go on that statement as to what the joint effect was. Graham.-Then, my Lords, may I mention another matter. This is a very important action from the Defendants' point of view, and I think after they have considered your Lordships' judgment they may like to go to the House of 35 Lords, and therefore I would ask your Lordships that there should be a stay of the injunction at all events. The MASTER OF THE ROLLS.-You can work your engines perfectly well without it. Graham.-No, my Lords. As Lord Justice ROMER said, the thing we use for 40 starting is the same thing that we use for running. 45 The MASTER OF THE ROLLS.-Yes; but with a little modification it could be dispensed with. ROMER, L.J.-Yes, dispense with the modification and work it as Korting did, and no one will stop you. The MASTER OF THE ROLLS.-I do not see why we should stay if you can work your engines. Graham.-Will your Lordships allow me shortly to refer to the case of Proctor v. Bennis; that was a case where the Defendant did apply to Lords Justices Cotton and Fry, making the application which I am now making. 50 (4 R.P.C. 363.) 55 The MASTER OF THE ROLLS.-If you could not work your engines there might be something in it, but you can. Graham.-May I mention what Lord Justice Fry said :-"I am of the same 66 opinion"—that is, he would not stay. "If Bennis-that is the Defendant"had been really desirous to make the machines which are in controversy and carry on his trade in that manner I should have thought the case well worthy 66 The British Motor Syndicate, Ld., and Others v. J. E. H. Andrews d Co., Ld. "of consideration, because the case is one of very considerable difficulty, "and it might be very right and very proper not to stop his trade pending "the appeal." The MASTER OF THE ROLLS.-That is stopping his trade, but that is precisely what we do not think we shall be doing here. ROMER, L.J.-How many engines are you working like this? Graham.-We make and sell, my Lords. I do not suppose we are working any ourselves. 5 The MASTER OF THE ROLLS.-You must make and sell them without the modification which makes you liable to the injunction. They will work well 10 enough. It is only a question of starting in this particular way. LEEDS SUMMER ASSIZES. Before MR. JUSTICE GRANTHAM. August 10th and 11th, 1899. IN THE COURT OF APPEAL. Before LORD JUSTICE A. L. SMITH, LORD JUSTICE COLLINS, and LORD November 13th, 1899. JOHN VAREY, LIMITED v. WALKER, MITCHELL, & Co. 15 Patent.-Action for infringement.-Two operations performed at the same 20 time.-Different means of effecting the same object.-Action for infringement.Injunction refused. The Plaintiffs were proprietors of a Patent for a machine by means of which two operations heretofore done singly could be performed simultaneously. The Defendants brought about the same result, and effected a similar saving of time 25 by means of a machine constructed in a different manner which involved nothing more than a combination of old methods. Held, that the Defendants had not infringed the Plaintiffs' Patent. John Varey, Limited v. Walker, Mitchell, & Co. This was an action brought by a limited company for infringement of a Patent for a machine used for the purpose of making "fallers." This machine by one operation made two cuts at each end of the "faller," whereas previously two operations were necessary, or separate operations in different machines. 5 John Varey and a mechanic in his employ named Holmes were occupied for two years, in 1888 and 1889, in elaborating this machine, which they perfected in 1890, when a Patent, No. 20,582 of 1890, was granted to them. In March 1895, Varey purchased Holmes' share. Subsequently the business was turned into a limited company, and on February 22nd 1899 the Patent was assigned to 10 the Company. 15 The Complete Specification of the Patent (No. 20,582 of 1890) granted to John Varey and Walter Holmes was as follows: "The object of this invention is the arrangement and combination of certain "mechanism in such a manner that, the ends of fallers used in the preparation “of silk, flax, wool and other fibres, may be cut to any angle to suit the pitch "of the travelling screws of the preparing machine, and at the same time when required, without having to reset the faller bar, to groove the same for the "spring guides by cutting tools operating simultaneously on the several parts to "be reduced. 66 66 20 "The invention consists in mounting on a gauntry or other support in a "suitable manner, two head stocks, each provided with a straight faced radial "plate combined with a thin clip for securing the faller bars during the cutting operation at any angle with the cutters, so that the ends of the bars may be cut "at the required angle to suit the pitch of travelling screws of preparing 25" machines; also arranging cutters to operate at the same time on the side of "each faller to cut parallel grooves a suitable depth for the spring guides "without having to change the position of the faller bar or fastening device. "In the accompanying drawings, Fig. 1 represents a front elevation of a "machine suitable for carrying out our invention. Fig. 2 is a plan thereof. 30" Fig. 3 a sectional elevation of the apparatus through line a, b. Fig. 4 a "sectional elevation through line c, d. And Fig. 5 a sectional elevation through "line e, f. 66 66 66 Upon a suitable gauntry A. are placed two head stocks constructed in the 66 same manner, one of which indicated by the letter B. is secured thereto, but 35" the other B' is movable by screw S. so as to adapt the machine for various lengths of faller bars. Motion to the rotary cutters is imparted by shaft C. "extending the lengths of the machine, and in each head stock is mounted on "the said shaft a bevel wheel D. gearing with another bevel wheel D' secured on a shaft E, at the opposite end of which is a spur pinion F. gearing into a 40 " spur wheel F1 secured on a shaft, at the opposite end of which are fixed a pair of "milled circular cutters G. G. The bracket H. supporting the last named shaft "and milled cutters G. G. is adjustable radially on the shaft E. and is secured "in the adjusted position by one or more screws J. engaging with the said "bracket and a fixed support K. forming part of bed plate of head stock. The 45" bracket L. supporting the circular milled cutter M. is also adjustable radially "and is supported by the shaft C. on which is mounted a spur pinion N. gearing "into spur wheel N' secured on a shaft, to the opposite end of which, is secured a circular milled cutter M. The bracket L is prepared with a slide plate O. "operated by a screw P. in the same manner as an ordinary slide rest, and is 50" for the purpose as hereinafter described. Each head stock is provided with a "vertical slide plate Q. supported and operated by a screw R. at the bottom of "which is secured a bevel wheel S1 gearing with another bevel wheel S3 mounted on shaft T. extending the length of the machine. In the vertical slide plate Q. a curved slot hole is formed having a raised curved and parallel strip of "metal Q'on each side, which accurately fits a groove cut in the adjustable "radial plate U. mounted thereon the latter being secured in its required 55 66 66 66 66 John Varey, Limited v. Walker, Mitchell, & Co. position by a bolt U' provided with a washer so arranged that the thin clip plate V. is held in the recess formed in the adjustable radial plate U. but may "be slid therein for securing the faller bars Y during the cutting operation. "On each adjustable radial plate U. is mounted a screw W. engaged with a "lever X. fixed at one end to the said adjustable radial plate by a pin and 5 engaged with the thin clip plate V. by a pin at X' so that, on operating the screw W. the thin clip plate V. is moved laterally in the recess formed in the 66 66 66 "adjustable radial plate U. and is provided with an arm V' extending down"wards the edge of which is straight and parallel with the hole cut therein for "the reception of the faller bars Y. and with the face or front edge of the 10 adjustable radial plate against which the faller bars are secured. By adjusting "the position of the radial plate U. the requisite angle of the faller bar Y. in "relation to the rotating milled cutters G. G. is obtained, and on operating the "screw P. of slide plate O. by the end of the latter being in contact with the "edge of the arm V of thin clip plate V. the necessary position of the circular 15 "milled cutter M. in relation to the faller bar Y. is obtained, the cutter M. operating on the side of faller bar cuts a groove therein for the spring guide "of a depth regulated by the before mentioned slide which is held in contact "with the edge of arm V' by means of lever Z and weight Z or by the aid of 66 John Varey, Limited v. Walker, Mitchell, & Co. "springs or other means. The travel of the vertical slide plates Q. and con"nections thereto during the operation of cutting is effected automatically by "means of the coned pullies and gearing placed at one end of the machine. "Motion is imparted from the shaft C. to the coned pulley 1 by gearing 3. and 5" from coned pulley 1 to 2. by a belt, the latter pulley being connected by "suitable trains of gearing 4 and 5 to the respective spur wheels 6 and 7. "mounted loosely on the shaft T. Each of the last mentioned spur wheels is provided with a catch box, and between the two a sliding catch box 8. is "mounted on feather keys so that, when the said sliding catch box is in gear 10" with the spur wheel 6. the shaft T. and the screws R. of vertical slide plates "are operated, thereby causing the vertical slide plates Q. thin clip plates V, "and faller bar Y. to move at a rate suitable to the cutting requirements of the "circular milled cutters. On the shaft T. is secured a worm 9. gearing into "worm wheel 10, on the face of which are two pins 11. and 12. which, on the 15" rotation of worm wheel 10. operate the bar 13. in one direction or the other, "when pin 11. comes in contact with said bar and operates it in the direction of arrow, as soon as the incline at end of lever 14. arrives opposite the pulley 15, a weighted lever or spring acting on the sliding catch box 8. causes it to move "into gear with the catch box of the other spur wheel 7. and thereby operate 20"the train of gearing 5. connected therewith, which is so arranged that the "rotation of shaft T. is reversed and the speed increased so that the vertical "slide plates Q. are raised quickly to their original position. The pin 12. pushes the bar 13. in the opposite direction such a distance that the sliding "catch box 8. is drawn out of gear with wheel 7. thus automatically stopping the 25" traverse of the vertical slide plates Q. and attachments thereto. 66 66 66 "Having now particularly described and ascertained the nature of this inven"tion, and in what manner the same is to be performed, we declare that what "we claim is:-1. The combination of the parts forming the complete apparatus "arranged substantially as and for the purpose herein before set forth and 30 illustrated by the accompanying drawings. 2. The combination of the vertical "slide plate Q. with the adjustable radial plate U. and thin clip plate V. for the purpose herein before described. 3. The method of securing the faller bars Y. by a thin clip plate V. or other attachment gripping the faller bars in such a 66 66 |