January i, 1892.] THE TROK'liCAL AGRICULTURIST. 
499 
to refer the Court to the case of Foxwell v. Bofltook 
iu Goodeve's patent cases. Beading through the 
BpeoiHcationa he said there were really tour inventiouo, 
the whole thing and three parts. Which of the fonr 
were, the defendants going to take as the invention 
upon which the pUintilf prooooded in this claim. 
The JuDSB said it eeemed to him that plaintiff 
oomplainod that what had been infringed was the 
arrangement described in the epeoification as the ar- 
rangement for transmitting motion to the tap rolling 
Bucface through the case or jacket surrounding it which 
was a substmtive part of his iaveution. 
Mr, Bbowne :— Is that the only claim ? 
The Judge : — I understand so. 
Mr. BkOWNB : — Then let him bound to that. 
Mr. Withers .• — we are. 
Mr. BupwNE asked the Court to doSo hia objection 
that in the speoificatiou the plaintiff practically claimed 
a p\tent for four things. 
Mr. Withers afterwards referred the Court to a 
decision by Lord Justice Jamea, one of the best judges 
that ever lived, an<i also pointed out that under section 
21 of our Prtteots Ordiuauoo no suit should be defended 
on the ground of any defect or insufficient spocifioa- 
tion of iuveution nor upon the ground of misdescription 
of the invantiou in the petition unless the defendant 
shall ehow that he is the actual inventor. He subse- 
quently stated the issusa as follows — (1) What is the 
nature of invention the plaintiff averred the defeadants 
have infringed ; (2) was theplaint'ff the first aud true 
inventor of that ; (3) was it new and useful and had 
the defendants infringed it ? 
Mr. Bbownb intimated bis acceptance of these issues 
and thereafter the Court adjourned for half-an-hour 
or tiffin Oa the Courts resuming, 
Mr. Withers opened the case for the plain- 
tiff. He thought he need hardly dwell upon 
the policy of the patent law which affected 
all its subjects who invented manufactures which 
were useful to the subjects. In the science of 
economics a man's good name, skill and industry 
were as much hia peoperty as a man's house or g*r- 
den or his balance at the bank and as deserving of 
proteoti-in as other kinds of property. Tlie law had 
a special regard for a man like Mr. Jaokaon who was 
the pioneer of a very useful invanlion in a country 
like Ceylon. Mr. Jackson was an engineer by profes- 
aion. Ho went to India early in the seventies where 
for two years he studied te& aa a product, and from 
that time till now his v?hole time and labour had 
been devoted to the contriving of machines useful in 
manufacture of tea. The particular kiud of machine 
to which he hid given time an 1 attention and to which 
they oonflucd themselves in this case, was that for 
rolling tea aud producing that particular ourl or twist 
in the leaf which gave it a mirketable value. They 
must flrat consider what a mauutftoture was. In our 
Ordinance an inventor " shall inoludo the importer and 
an invention not publicly known or used in Cey- 
lon," and il would simplify matters very much it 
the court would bear in mind that from first to last 
in thia ease they wore oonflued to inventions in Ceylon. 
The plaintiff's was an improvement on machines for 
rolling tea, not machines all over the world, although 
be thought the Court would be satisfied after hearing 
the oaso that it was a distinct improvement on any 
machine that was ever made for the special purpose, 
but an improvement on pre-eiisting machines of thia 
class in Ceylon. The word invention included "an im- 
provement" — and the machine in question was an im- 
provement — and the word marintaoture included "any 
art, procesa or manner of producing, preparing or mak- 
ing an article, and also any article prepared or pro- 
duced by manufacluro." In Johnstone pages 16 to 19 
the word had a lar(^er signification and included in its 
terms the part of the plaintiff's claim which had been 
90 often cited. At the time Mr. Jackson invented the 
TOuohino in quontion which is called the " Eicelsior" or 
the "Universal" — gometiraes both names were; used bvil 
thoy nioroly devoted a difforeucu in size, the " Uni- 
versal being a larger machine than the ''Kxoelaior" but 
the aamo in principle— it would be proved that iu 
Oeyloii there vtas no other metoUiae of this olaea in 
perfect use or really had ever been in perfect use 
except one which Jackson had himself introduced into 
Ceylon some few years before which was called the 
'Standiird," and for which ha had taken out a patent 
in India. He had not taken out a patent in Cevlon, 
but the machine came to be used in C»>lon and it was 
the only one that had existed in Ceylon before and 
at the time Mr, Jackaou invented his •' Excelaior " 
which was an improvement of the "Standard." The 
learned gentlemen then proceeded to describe ths 
" Standard," the " Excelsior " and Brown's triple ac- 
tion tea roller of which he had modeh before him. 
On hia loft was the machine which the plaintiffff com- 
plained of aa infringing his manufacture, that was 
hia improved arrangement for the transmission of 
motion through the cise or jacket surrounding it. Ou 
his tight was the "Standard," and in the centre 
the " Excelsior," The " Standard" might be roughly 
described as a machine for tea rolling between gur- 
faaes called tables. The lower table was that on which 
the tea was placed, aud it waa between it and (he 
upper table or surface that the tea was rolled. Of 
coarse the tea had to be confined in some way ao that it 
should not escape all over the machine. In the " Stan- 
dard" the tea was confined in a iooje case or jacket, ■ 
sort of box. Inside this case was the upper table or cap 
which pressed the tea down on the lower table, there 
being weights upon it or other machinery for giving 
pressure. In the " Standard " the cap when it waa 
moved by the machinery attached to it carried the 
jacket with it. Now the cardinal difference between 
the two machines was that in the "Standard" the driv- 
ing machinery was attached direct to tho upper table 
and carried the jacket about with it, and in the other 
it was exclusively attached to the cap and had nothing 
whatever to do with the jacket. There were several 
defects in this machine. Cue was that the loose case 
or jacket actually rested on the lower table and when 
it was carried about by the cap to which the driving 
machinery was attached it of course rubbed the 
lower table and the wear and tear wag very conjider- 
able. Not only did it tend to destroy the machine 
itself but it interfered very much with free move- 
ment of the machinery making it very stiff in action; 
Another defect was that the cap or upper table had 
no movement upwards ; one could not see what was 
going ou with the tea ; and one could not 
feed the tea except by pouring it down through 
the cap itself, 'Tliis was very inconvenieal and 
in order to obviate that BIr. Jackaon happened to think 
of a plan by which ho could drive the cap about the 
lower surface and yet leave tho cap itself free to 
move up and down. That waa one of the very useful 
advantages derived from this improvement. Now 
really the improvement in the " Excelsior" over the 
" Standard" was that it was the jacket itself which 
carried this about aud caused the eccentric motion 
ao that at the game time while it was in motion thia 
could be lifted up or down and fed through what was 
called the hopper and through which one could see 
what wua going on with the tea underneath. Simple 
as it might seem great ingenuity was required to do 
that. If he had left the jacket a? it w»g resting on the 
table it would have torn the whole lower table to 
pieces ; it tore it about sufficiently when it was going 
about loosely with the cap ; and so he had to devise 
a means of suhpendiug the jacket on suitable bearings, 
just not quite touching the lower table so 
that it might go rolling and rolling about with- 
out coming into actual coataot with the lower 
table without of course letting the tea escipe without 
wear and tear of the table, and without the atiffnesi 
of movement that the older m\chiue had and so as 
to allow the cap to bo lifted up and down — it had 
aa antomatic movement — and so as to be able to feed 
the maohiue aud see what was going on. The con- 
trivance of attaching tho machinery to the table itself 
and carrying about the cap had been transformed into 
the very opposite procesa of attaching the machinery 
to the jacket and driving the upper table in it — 
exactly the converse motion — and it required a good 
dual ofingeauity to bring tliatabout. Tliat really was 
the improvement of the one machine upon the othef. 
With regard to the maohiue ou hii left he muit rea^ 
