I THE GARDENERS' CHRONICLE AND AGRICULTURAL GAZETTE. {APRIL 16, 1864 
dne by it for the romotion of agricultural | amended specification of that combination, than tion, without claiming those which do not X 
education. There is thus an unfu tilled duty be- | what is afforded by the drawings and the descrip- | to them. Those who, under cover of ambigu 
d | tions thereof, nor anythin g which denotes that the | language, have been in the n it of dis 
ed combinati is rtain por- egy claims to originality an d utility on ied 
of their clients, will not th E his s lordship fo 
the Committee no doubt i s dieci in what | tions only of that machinery which is delineated 
way this duty may be best duce and described. iier the whole of the drawings | spoiling their little game. H, R 
e shall not at em see discuss the various pm deseriptions be taken, there is nothing, as the 
methods which will at ghtful | Log CHANCELLOR aid. to show where the deserip- esci Kg aig PLANT MOT 
person, by w which ine per ae Anana may be oe of the invention begins and where it ends. UND x the above ia Mr. Shirreff conte! 
promoted by the Society. Our reference to the| It is further shown that the patent is for 1m- | toa Piow di article » ribi 
Committee which has been appointed for its con- | provements in machinery or apparatus for sewing pacer exception to my thece "fau gini frr he 
i st or stitching, and the specification describes the | Number of February p^ et. Had ye done no Lind 
i i nsisting in improve range- | than ups should have been quite content to ae 
or not it may be advisable to act in this matter, ment and combination of machinery for stitching | silence, but in professing hey y? cribe my system ei 
but what it may be advisable to do. The duty of | by a needle and shuttle. The words ‘improved | opinions he so utterly (misstates ‘them, tha ms 
action in this matter is inevitable—as plain as any arrangement,” or ‘improved combination, 1ndl Qmm lf 
other condition which the charter of i te the nature of the invention. This improve- Sau at T e ng t Mr Hall 
imposes, Prag while this paie is occasionally | ment is nowhere specified. The p grdin a pu of m most ens tg via, a 
ed e 
as ur 22 upheld 3d Fh it is being quoted in a | com alitem nia working of its several parts, but ustallesdi 
ease w wh = ts direction of active effort in 8 as clear | do = paeas where the improvement lies, or in etel ird pplay n. ain, vM M. doubt m 
e adi ble. w To this objection it is replied is the leading property desired. Now, 7 
SARS E AE that t the aration lies in the whole a arrangemen nt. od of a Te grain can be inherited, so 
Ox Wednesday last Mr. SrrarrorD sold t His Lordship ety properly demurs entirely to to the m: 
Short-horn herd of Mr. Rosryson, at Clifton Ne this. He will not allow that words are to be used conclusion," &c. 
es, near Olney. The av lis as|to darken and hide meaning as in diplomacy:| The following concise statement of my mode of pro- 
587. apiece, or 41757. 17s. in all, for 72 ead. Ofthe | he maintains that “‘ the law requires that a speci- coogi. defining clear ly what I mean by best plant, &, 
several famili i i n ag ge des 
4 ” were > cirenlated, and it was dust autum 
and 
F thor ; y ski i 
651. apiece ; Gwynnes otohed E. guine as; Tas that he should not be supposed to possess an Sia ven Several leading Teg 
nS cde descendants iiim n Sy y Sır WALTER, S" knowledge of the construction of all? ferie RP of Wheat, Barley, or Oats, ther is su 
, STER ing, ; it 
0 guineas for Golden Gwynne, bought by Mr. | arrangement of three cams on one shaft, by the | wet, &c. ; the toughness of its straw, and any other chari. 
C. pee and 200 guineas for GRAND DUKE direct action of which the three principal move- termine whidbare ementi fone RN oe 
5TH, a ure Duchess bull, 24 vears old, a vos acm in a needle and shuttle machine are | spection pio perfect plant. 
by Mr. I MALE s Howarp, of Bidden effected, and feagh b cams and ina ppear| The very article in which Mr. Shirreff found my 
i rawings hing in e speci eation | * facts contains sufficien to sho w him ma my 
Yr is satisfactory to to find in a recen nir iru confines stati jn d their addition as constituting c : f pire a ud ^ ted 
set his the e specia aln ovelty. roperty, and certain y no ng in it or in any 
face loose manner of diti Patent| His Lordship then ium to state his ine haze ever wr itea 2655s "x give m 
Spectione which has been the cause of so|that a patentee is bound to show in yc ctm gown i 
law improvement consists, not in ambiguous but in laa À ember, in 
We € to € "the ar ag be ea on the 9th | precise terms, and "that this „obli igation - is ndt A N E o DUAN EE m from Mr. 
of March, in the case of Foz . Bostock and | discharged by a description of t hine, | Alderman Mechi, which appeared in a jeading London 
others, ich concerns "d "Nd ing vere which embodies but does not distinguish the [Journal fo me o the e floria statement, of my opinion 
The patent was taken out for an inióved es rovement, tux thereby renders it Pero esi | on the subjec of ti m of grains (apart 
pe & 
BE 
o 
mbi machinery for|able, exce parents 
sewing or stitching by a needle and shuttle. TI f all existi , {Grains div ided into two classes, either Bas po 
specification was accompanied by drawings and | tion that i is ined The rule "lowed in donk M ropa best” amd "worst give pipe gy Er 
"nm A . a g results. The true Limes 
descriptions of the drawings, which contain but | terms: I must therefore wie down a rule which ——Ó n can be educed only from a very int 
do not point out the improved arrangement is bind with and in reality à pietà sequence | f*perimen. ts such as I am now carrying on the prie vit 
tented. Ont round the pat lled | from the decided cases, that in a ie for an is setenta dowa to osi (if you wish to rap d 
in question, because it virtually claimed machinery improved arrangement or new mbination of | fi rticle you must sow a second ticle) ooo t 
which had been previously invented and protected | machinery the specification m must describe the | ase op ERE a perfect animal ) E 
xp 
P 
by others, and was used to produce the result | improvement and define the € lty, otherwise everything in his. support had he only 
specially required. It was contended by the plain- | and in a more specific form than by t the general | the uid be on animal,’ to while ong -contimued selection, 
tiff's counse YT a patent for a new machine description of the entire mac ine. It must, to | breeding), not an is remit of ood animal of no breed whe 
would the spetifieation contained — use a logical phrase, assign the differentia of the eret, when cu a dev HT as eid 
ongrel 
he clear drewings of the machine and a descrip-| new combination. This obligation flows directly praene n die vat 
tion of them from the condition of the patent. It ispartof| Mr. Shirre 
At one stage of this trial, however, certain |the condition of the patent. that the specification “Tf it is true t tn <a (my Fact No. 2) «d eta laa 
distinct inventions tere disclaimed, and the judg- shall particularly inven- grains inherit more or less the 
ith that condition d specifieation, in respectivo p parents it i dificult to se : 
specification, in oe — to eu: passages ag jdipnest, fails —Ó Whatever difficulty, if any, he may feel p 
iwin inr became a description | Ii will be at once obvious to all who are con- | point. I fear he will experience ^ far greater es 
his 
of ot the working of par of that machine, and of | cerned in patenting z inventions of agricultural and t tion which I am about to 
dre das ptione, which 4 dis-|other machinery why we call atte ntion to this ied kA pere a Mr uo account P 
ne 
"m T uu me dose imd the|decision. Latterly er mportant trials have own varieties bein, he says 
ss ay d iv r , , 
imm had been | the drawings 2 0¥ to the loose drawing of specifica- characteristics,” iu dig same pe «fisel 
A — Á s, and it is very necessary that this tendency | contends that the characteristics of Whea tion,” ad 
mus taken the eombination of con be checked. Not a few of those — are|in their origin and unalterable by, culus e for 
machinery for which t the ei is i dialed in the | recognised agents in this branch e business were | upon what ground be claims any credit e" Jt is quit 
amended specification. The words in the latter pesi ga character for wording their speci ifiontions services in improving agricultural pla a " 
true that he goes on to say, “ But whi f 
saga state the MA ue to be rr us - combina- | so doubtfully as to conceal false representations, ah are " 
n A Per gem e s i — of|and yet so as to avoid attack. Their practice was | put he does not leave ridic even this Toopu aie 
achi in j id j 
cts nery vad e rh stitching i vik the use | encouraged for a time by certain judgments from | pp hig « sports » he had unfortunately said J 
-— de SP Gre ch his pen | the bench, and there really seemed as little chance | « b ated 
sided, “ by re — "e , | of obtaining puit in patent law as in ped Aur des A type dd Cai UA A with equi fry 
would render c p Tint Suid, eem vas ow, however, the highest prece in t alas nd of his “hy brids” he says :—“ None of thé? ^, 9 
necessaril me d the fero aid |has spoken out in m of i denaration of | proved fixed or reproductive in the y olo word 
3 Guabinstion and arrangement of the cape intention ; and this being the. fue, it is to be|much for Mr. o efP's Wheat; now just on? 
| various of machinery ; and = —— so | hoped t that the law courts will be cleared of cases | defence of my o as a thi 
then necessarily denote and com- | which have grown out of vague descriptions, and| Mr. Shirreff ingeniously treats y on, give the ra 
prise all the various parts of hide) which are | leave an open path for inventors who feared pit- | thi my aystens, ino e tbat m poli 
ribed, and include the parts | falls and ambuscades at every turn, and were (ont is vory to your statement renal) Oat 
originally to the three separate prevented from making publio their ideas because | Wheat is “very productiv® «in sap ris 
= ” of the danger and Perdldzity whioh attended their | Ther is not a single fact i cee cena thak Ai pali 
; TTA ‘result of the plaintiff's | protection. pneter nus E 
e amended. MT and of the fact P Ihe als ide by the Lorn CHAN: depone rts the ober v . To give on d 
| qui! e other way. Wheat Wi 
r , | certainly in favour 5 ge publie, as 8 it is of all | Professor Church says that t e Pedigre? riety 
in the | men who honestly see to patent their own inven- | higher specific gravi Ta than ay other ; 
