January i, 1892.] 
THE TROMCAL aORIOULTURIST. 
499 
to rotor the Court to the ease of Foiwell v. Boitook 
ia Qoodeve'a patent ckiioa. Reading through the 
apeoiBoationa ha said there were really lour inventioue, 
the whole thing and three parts. Which of the four 
were, the defendants going to take as tho invention 
upon which the plaintiff prooeeded in this claim. 
The JuDOE said it loomed to him that plaintiff 
complained that what had been infringed was the 
arrangement described in the epeoidcation as the ar- 
rangement for tranimittiiig motion to the tep rolling 
fluriace through the case or jacket surrounding it which 
was n Bubst iiitive part of his invention. 
Mr, Buowne : — Is that the only claim ? 
The JnnoB : — I anderetand so. 
Mr. Bbow.vb!— Then let him bound to that. 
Mr. Withbes So we are. 
Mr. Beowne asked the Court to note his obioolioa 
that in the speoiffeatiou the plaintiff practically claimed 
a patent for lour things. 
Mr. WiTiiEBS afterwards referred the Court to a 
decision by Lord Juatico James, one of the best judgss 
that ever lived, and also poiute 1 out that under section 
21 of our Patents Ordinance no .suit should bo dofendod 
on the gronud of any defect or iuaufliaieot spcoidca- 
tion of iuveutiou nor upon the ground of misdescription 
of the inveutiou in the petition unless the defendant 
shall show that he is tho actual inventor. He eubse- 
qaently stated the issues as follows — (1) What is the 
nature of invention the plaintiff averred the defendants 
have infringed ; (2) was theplaint’ff the first and true 
inventor of that; (3) was it new and usefnl and had 
the defeudauts infringed it ? 
Mr. BbowNE intimated his acceptanoe of those issues 
and thereafter the Oonrt adjourned fur half-an-hout 
or tiffin On the Courts roauming, 
Mr. WiTHER.s opened the case for the plain- 
tiff. He thought ho need hardly dwell upon 
the policy of the patent law which affected 
all ita eubjeots who invented manufactures whioh 
were nseful to tho aubjeots. In tho aoienco of 
economicB a man’s good name, skill and industry 
were as ranch his paoperty as a man's bonseor gar- 
den or bia balanoo at the bank and os deserving of 
proteeti in as other kinds of properW. The law had 
® regard for a man like Mr. Jaekson who was 
the pioneer of a very usofnl invention in a oouiitry 
like Ceylon. Mr. Jackson was an engineer by profes- 
eion. Ho went to India early in the seventies nb -re 
for two years he studied tea as a product, aud from 
that time till now his whole lime and labour had 
been devoted to the oontriviog of maohincs useful in 
manufacture of tea. The particular kind of machine 
to whioh ho had given time an I attention and to whioh 
they oonfiood tliomsolvos in this case, was that for 
rolling tea and producing that particular carl or twist 
in the leaf which gave it a m-irketabla value. They 
must first oonsidcr what a mauufaeturo was. In our 
Ordmanoo an inventor “ shall iooludo tho importer and 
an mventipn not publicly koown or usod in Cey- 
lon, and 1 * would simplify matters very much if 
the court would bear in mind that from first to last 
on, *"'*<**"*'*■ Wore oonfiood to inventions in Ceylon. 
Tb» plaintiff 'a was an improvement on machines for 
rolling tea, not machines all over the world, altUongh 
be thought tho^ Court would be satisfied after hearing 
the ease that it was a distinct improvement on any 
machine that was ever made for the special purpose, 
but an improvement on pre-existing machines of this 
class in Ceylon. The word invention included **au im- 
proTOmoot ' — ond tho machine in question was an im- 
provemeut — and tho word manufacture inoinded “any 
art, process or manner of producing, preparing or mak- 
ing an article, and also any article prepared or pro- 
duced by manufacture.” In Johnstone pages IG to 19 
•he word had a larger signifioatlon and inoludad in its 
terms the part of the plaintiff's claim which had been 
soouon cited. At the time Mr. Jackson invented the 
machine in question which is called the '■ Excelsior” or 
the "Universal’' — -sometimes both names were usod but 
they merely devoted a difference iu size, the ** Uni- 
versal being a larger machine than the ’•Exoelsior” but 
the same in principle— it would bo proved that in 
VBylon there was no other maoUiue ol this class in 
perfect use or really bad ever been in perfect use 
except one whioh Jaekson had himself intr^noed into 
Ceylon some few years before whioh was oaltsd the 
‘Standard,” and for which he had taken out a patent 
in India. He had not taken out a patent in Ceylon, 
but tho mochioo came to bo used in Ceylon and it waa 
the only one that had existed iu Ceylon before aeJ 
at tfae time Mr. Jackson ioventel bis " Gzeelaior” 
which was an improvainent of the "Standard.” The 
learned gontlemeu then proceeded to describe the 
" Standard,'' the " Excelsior ” and Brown’s triple ao- 
tiou tea roller of whioh he bad models btfore him. 
On Ills left was the maohino whioh the plaintiSff oom- 
pUiosd of as infringing his mauufaolore, that waa 
his improved arrangement for the trauamiaaioa of 
motion through the osie or jacket aurroanding it. On 
his right was the “Standard,” and in the oentre 
the “ Exeelsior," The " Standard” might bo roughly 
desoribod as a maobine for tea tolling between tur- 
faoes called tables. The lower table was that on whioh 
the tea waa placed, aud it was between it and the 
upper table or anrface that the tea was rolled. Of 
coniso the lea had to he confined in some way so that it 
shonlil not escape all over the maohine. In the “ Stan- 
dard” the tea was oonfiued in a looie oaso or jacket, a 
aort of box. Inside tills 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 giviog 
pres.Hure. In the ” Standard " the oap when it waa 
moved by the machinery attached to it curri^ the 
jacket with it. Now the cardinal differonce between 
the two machines was that in the "Standard” the driv- 
ing machinery was attached direct to tho upper table 
aud carried the jacket aboot with it, and in the other 
it was exclnsively attached to the oap and bad nothing 
whatever to do with the jaoket. There were several 
dofeots in this machine. One was that the loose case 
or jacket actually retted un the lower table and when 
it was carried about by the cap to which tho driving 
maebiaery was attached it o( oourse rubbed the 
lower table and tho wear and tear waa very conaidar- 
able. Not only did it tend to destroy the machine 
itself but it interfered very maoh with free move- 
ment of the maobinory making it very stiff in action. 
Another defect waa that the oap or upper table had 
no movement apwards; one oonld not see what was 
going on with the tea ; and one could not 
feed the tea except by pouring it down through 
the cap itself. This was very iuconvenieBt and 
in order to obviate that Mr. Jackson happened to think 
of a plan by whioh he oonld drive the oap about the 
lower surface aud yet leave the oap itself free to 
move up and down. That was one of the very uaeful 
advantages derived from thia iraproyement. Now 
really the improvement in the " Excelsior” over the 
" Standard” waa that it was the jaoket itself whioh 
carried this about aud caused tbe ecoeatric motion 
so that at the same time whilo it waa in motion this 
could be lifted up or down and fed through what waa 
called the hopper and through which one could see 
what Was going on with the tea nudorneath. Simple 
as it might seem great ingenuity was required to do 
that. If he had left the jaoket as it waa resting ou the 
table it would have torn the whole lower table to 
pieces ; it tore it aboatsaffioiontly when it waa going 
about loosely with the cap ; aud so he bad to devise 
a means of suspending the jaoket on suitable beaiiogs, 
jnst not quite touching the lower table so 
that it might go rolling anl rolling about with- 
out ooming into aotusl coutaot with the lower 
table without of course letting the tea esotpe withont 
wear and tear of the table, and without tbe stiffnesi 
of movemont that tbe older maohine had and ^ so as 
to allow tho cap to bo lifted up and down— it had 
an aiitomatie movement— and so as to be able to feed 
the maohine aud see what was going on. The con- 
trivance of attaching the machinery to the table itself 
and carrying about we oap had been transformed into 
the very opposite process of attaohiug the maohinsry 
to the jacket and driving tbe apper table in i|— , 
exactly tho oouvorsa motion— anl it required a good 
deal ofiugeauity to bring that about. That really was 
the improvement of tbe one machine upon the other 
With regard to tha machiaa oq bit left b« laqat reqi^' 
