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Fourthly,-If your invention is capable of being carried out by several modified arrangements, you must take out a separate patent for each such modification, as each one is considered a separate invention.
First Alleged Rule.-" A method of operating," expressed by reference to apparatus or machinery, is very apt to be a mere function of the particular machine, and not a true method at all. In such case the invention resides in the machine, and therefore it is the machine that should be claimed. But numerous instances could be cited where a true "mechanical method" contains references to the mechanism by which it is carried out. The Patent Office recognises the fact, not only that a method may be carried out by machinery, but that it may, so far as known, be carried out by only one particular machine. A lengthy and convincing discussion upon this point, by the United States Supreme Court, will be found in the case of "Boydon Brake Power Company v. Westinghouse," 83 Official Gazette, 1067.
Second Alleged Rule.-No such rule exists. It is merely to cite the following claims upheld by the United States Supreme Court in "Morley Sewing Machine Company v. Lancaster," 47 Official Gazette, 267. Thousands of other claims might be instanced.
The combination in a machine for sewing shankbuttons to fabrics, of button-feeding mechanism, appliances for passing a thread through the eye of the buttons and locking the loop to the fabric, and feeding mechanism, substantially as set forth.
The combination, in a machine for sewing shankbuttons to fabrics, of a needle and operating mechanism, appliances for bringing the buttons successively to positions to permit the needle to pass through the eye of each button, and means for locking the loop of thread carried by the needle to secure the button to the fabric, substantially as set forth.
Third Alleged Rule.-Patent Office Rule 41, which prohibited the joinder of process and apparatus claims in the same application, has just been held invalid by the United States Supreme Court. See United States, ex rel. "Steinmetz v. Allen," Commissioner of Patents, 109 Official Gazette, page 549, March 8, 1904.
Fourth Alleged Rule.-Mr. Abel comes nearer stating the truth here than at any previous point. If an invention be capable of being carried out by several modified arrangements, a broad claim may be secured which will include each and every one of such arrangements, and all this may be done in one application. One application may show a number of substitute forms, but while a claim broad enough to cover them all may be allowed, only one form may be specifically claimed. If the applicant wishes to obtain a specific claim for each form, which generally may be regarded as unnecessary, he must file separate applications. It is obvious that two forms or arrangements of a device or mechanism which are entire
substitutes for each other, are not dependent inventions, as they are entirely independent of each other; they do not co-operate in any way.
Since the alleged rules fall to the ground, the so-called result specified in the paragraph following them vanishes into thin air. Regarding the alleged "interminable arguments with an opinionated examiner," it may be noted that attorneys are daily allowed interviews with the examiner, the case is thoroughly discussed and patentable claims are agreed upon. The examiner is always glad to do this, and will give an inventor or his attorney all the time he wants for discussion.
The claim which Mr. Abel draws for James Watt is a curiosity. Of course, Mr. Abel is not serious in the matter, and hence it will do no harm to state that such a claim, if seriously presented, would show gross ignorance and carelessness.
As to the figures quoted by Mr. Abel, regarding the number of United States patents held invalid in whole or in part in the United States, it may be said that a large proportion, a very large proportion of these were held invalid only in part. Again, these patents, or many of them, were held invalid upon grounds not accessible to the Patent Office, such as the discovery of a prior anticipating device (nct patented), or the existence of public use for two years prior to the application in spite of applicant's oath to the contrary. Again, patents litigated in 1896 were granted mainly before 1890, and the examination system and proper classification of patents are improving as time passes. Again, if the United States Patent Office had proper facilities and could give to the examination of each case as much time as is given by counsel when the patent is in litigation, compara. tively few patents would be held invalid. Thus, the system of the United States is not at fault in the
IRVING U. TOWNSEND, Examiner of Textiles, U.S. Patent Office.
SIR WILLIAM HENDERSON, LL.D.—Sir William Henderson, a member of the Society since 1878, died on Thursday, 9th inst., at Devanha-house, Aberdeen. He was born in 1826, and in 1845 he went to Aberdeen to enter the employment of Mr. George Thompson, the founder of the Aberdeen line of steamers. He became a partner in 1850, and from 1854 to 1857 he took charge of the London branch of the business. He returned to Aberdeen, and took an active part in the affairs of that city throughout his life. He was for some years president of the Aberdeen Chamber of Commerce, and from 1886 to 1889 was Lord Provost, He was knighted in 1893.
The Society's Annual Conversazione was held in the Gardens of the Royal Botanic Society, Inner Circle, Regent's - park, on Monday evening, 27th ult.
The reception was held by Sir William Abney, K.C.B., D.Sc., F.R.S., Chairman, and the following members of Council:-Sir Mancherjee Merwanjee Bhownaggree, K.C.B., M.P., Mr. William Bousfield, Mr. Henry H. S. Cunynghame, C.B., Mr. Lewis Foreman Day, Mr. Francis Elgar, LL.D., F.R.S., Mr. Robert Kaye Gray, Colonel Sir Thomas Holdich, R.E., K.C.M.G., K.C.I.E., C.B., the Hon. Richard Clere Parsons, Sir Owen Roberts, D.C.L., Mr. Alexander Siemens, and Mr. Carmichael Thomas.
A Selection of Music was performed by the String Band of the Royal Artillery (Conductor, Cavaliere L. Zavertal, M.V.O.) in the Conservatory, and by the Band of H.M. Irish Guards (Conductor, Mr. C. H. Hassall) in the Gardens.
A vocal and instrumental concert was given in the Club House by the Royal Criterion Bell Ringers and Glee Singers, under the direction of Mr. Harry Tipper.
An Exhibition of Growing and Cut Roses and other Flowers were arranged in a marquee in the grounds by Messrs. William Paul and Sons, of Waltham Cross.
The Tropical House, containing the Giant Water Lily (Victoria Regia), which was in flower on the evening, was open to visitors.
The number of visitors attending the Conversazione was 2,075.
Abbott, Professor Frederick, A., Agricultural
Allen, Miss Geraldine, 7, Rue Belloni, Paris XV.,
Babbs, Arthur Thomas, The Rhodes Building, St.. George's-street, Cape Town, South Africa. Bainbridge, Oliver, 43, Upper Bedford-place, W.C. Baldwin, Henry P., Haiku, Island of Mani, Hawaii. Blelock, Robert, Johannesburg, Transvaal, South Africa.
Bowles, Colonel Henry Ferryman, M.P., Forty Hall, Enfield, Middlesex.
Butcher, Herbert Thomas, A.R.S.M., F.I.C., Dorunkeh Chambers, Cobham Town, Old Calabar, West Africa.
Clark, William, 4, Snow hill, E.C.
Clews, Henry, LL.D., 11, Broad-street, New York City, U.S.A.
Cole, Professor J. Abayomi, Percival-street, Freetown, Sierra Leone, West Africa.
Collie, James V. B., 15, Barrack-street, Cape Town, South Africa.
Craigie, Mrs. Pearl Mary-Teresa, 56, Lancaster-gate,
Davidson, Thomas Edward, 32, Clayton-street West, Newcastle-on-Tyne.
Davis, Charles, 147, New Bond-street, W. Dennis, William, F.C.S., 170, Albert-road, Jarrowon-Tyne.
Dowling, T. Barrow, Mus.Doc., Thornhayes, Cape Town, South Africa.
Dudley, Mrs. Lucy Bronson, 80, Pine-street, New York, U.S.A.
Feitelberg, Samuel, Fairview, Main-road, Greenpoint, Cape Town, South Africa.
Felton, Henry James, 4, Beach-mansions, Southsea, Hants.
FitzGerald, William Walter Augustine, Carrigoran, Newmarket-on-Fergus, Co. Clare, Ireland. Fleischmann, F. N. A., F.C.S., 6, Collinghamgardens, S.W.
Gardiner, James, Molyneux-park-mansions, Tunbridge Wells.
Grant, Lawford Stanley Foster, Assoc.M. Inst.C.E., 46, St. George's-avenue, Tufnell-park, N. Green, Henry Lumb, Buenos Ayres, Argentine Republic, South America.
Hamlyn, John F., Grosvenor Works, Davies-street, W.
Hennessy, John F., City Chambers, 243, Pitt-street,
Kerly, Alexander William, The Gables, Horndon on the Hill, Grays, Essex, and 14, Great Winchesterstreet, E.C.
Kitching, Alfred, M.I.Mech. E., Superintendent's
MacFarlaine, Robert Melbornie, care of Henry S.
Nicholas, Askin, Bank-place, Collins-street, Melbourne, Australia.
Phillimore, Rev. Arthur, M.A., Brightwell-park, near Wallingford.
Ricketts, Dashwood Poyntz, Assoc.M.Inst.C.E., Imperial Railways of North China, Shan Hai Kwan, North China.
Shipway, Robert Bruce, The Bays, Hampton Wick. Sperr, Professor Frederick W., Michigan College of Mines, Houghton, Michigan, U.S.A.
Storie, Edmund, Colonial Club, Whitehall-court, S.W.
Thanawalla, Dr. Framroze Cáwasjee, Aga Buildings, Bhendy Bazar, Bombay, India.
Thompson, Robert M., 3 East 69th Street, New York, U.S.A.
Tween, Charles Nelson, M. Inst.C.E., Goddards,
Usher, Sir Robert, Bart., 37, Drumsheugh Gardens,
The CHAIRMAN nominated Mr. Harry W. Barrow and Mr. William Keating, scrutineers, and declared the ballot open.
The SECRETARY then read the following
REPORT OF COUNCIL.
I. ORDINARY MEETINGS.
The session commenced as usual with an Address from the Chairman of the Council, Sir William Abney, the subject selected for special consideration being Commercial Education. Sir William dealt, to a large extent, with the examination work of the Society of Arts, and by the interpolation of a curve deduced from the numbers of candidates entering for examination from the year 1883 to 1903, he showed that there was every probability of the present number of candidates being doubled in a period of five years. The prophecy, so far as regards the present year, appears to be not very far from the truth, the calculated number being 18,400, whereas the actual number of candidates in the Commercial subjects is nearly 18,000.
At the first meeting of the session after the opening meeting, Mr. G. F. Parker, the American Commissioner in this country for the St. Louis Universal Exposition, gave an account of the preparations which were then being made for this exhibition. Mr. Parker's anticipations were more than realised when the exhibition was opened on the 30th of April last, though the growing disinclination of British manufacturers to take part in these international competitions has been shown at St. Louis even to a larger extent than it was eleven years ago at Chicago.
Of the other papers before Christmas, two dealt with the Fiscal Problem-one by Sir Charles Kennedy, and a second by Sir William Preece. Both of these papers dealt with the subject in a non-political manner. Sir Charles Kennedy's long experience at the Foreign Office enabled him to put in a striking manner a great deal of statistical information about foreign trade, while Sir William Preece developed still further the thesis he had put forward in his Address as Chairman of the Council in November, 1902, that there is a true Science of Business with laws which can be deduced from experiment and from fact. In the other paper which was read in the earlier part of the session Mr. H. H. Cunynghame described the very ingenious
and convenient furnace which he has devised for laboratory work, especially for such work as enamelling and the production of small castings. The furnace is of quite simple construction, being merely built of fireclay mixed with some material which will after burning produce a porous mass, some binding material, such as wire-netting, being imbedded in order to bind the material together. The exterior of the furnace thus made is thickly covered with asbestos. The fuel which Mr. Cunynghame prefers to use in this furnace is petroleum burned in a Swedish blow-pipe lamp. It was shown that in a furnace of this construction the heat is very fully retained, hardly any being radiated from the exterior surface. The result of this is that the furnace is extremely economical and very effective.
At the first meeting after Christmas Mr. Thomas Casson read a paper on Organ Design," while a few weeks later Mr. J. M. Coward read one on "Mechanical Piano Players." Both of these papers were fully illustrated. Mr. Casson had an organ of his own design built up in the room for the purpose, while Mr. Coward showed several typical mechanical pianos, and fully illustrated their capacity for playing various styles of music, and for accompanying vocalists. Mr. Gulston's paper on " Ice Breakers" derived special interest from the fact of public attention having been directed to the application of these vessels in the early stages of the war between Russia and Japan.
Two papers were devoted to the question of mechanical locomotion-one by Mr. Thomas Clarkson on "Steam Motors for Public Service," and one by Mr. Mervyn O'Gorman on "Popular Motor Cars." Professor C. V. Boys gave a very interesting paper on "Thermit" -the trade name for an aluminium compound, by the combustion of which intense local heat can be produced and various industrial processes, such as welding, soldering, &c., carried out. There were two papers which practically dealt with the question of housing rural and urban populations-that by Mr. A. R. Sennett on "Garden Cities," and one by Mr. T. Brice Phillips on "The Rural Housing Question." Building materials were dealt with also in two papers-Mr. Frank Tiffany on "Woods for Constructive and Decorative Purposes," and that by Mr. L. P. Ford on "Natural and Artificial Building Stones."
This session there was only one paper dealing with educational matters-that by Mr. J. C. Medd, on "Agricultural Education." In it
he showed what progress had already been made in providing genuine technical training in agriculture, and urged that further effort should be made towards developing, alike continuation schools for agricultural teaching, and higher grade agricultural schools. Dr. Robert Jones treated the question of "Physical and Mental Degeneration" in a paper discussing the causes for such degeneration, though the Chairman at the meeting-Sir William Church -hesitated to admit that the condition of things was quite as bad as had been pictured.
Mr. Thomas Tyrer brought forward a very important subject in his paper on "Duty-free Spirit." He showed how many native industries were handicapped by the high cost of spirit compared with its cost in foreign countries, and urged that with proper safeguards the tax might, to a large extent be remitted on spirit for industrial applications without injury to the revenue, and with great profit to many manufacturers. Mr. W. P. Digby, in his paper on "The Statistics of Iron and Steel Industries," urged the necessity for more detailed statistics on the subject of iron and steel industries, and suggested that such statistics, if provided, would lead to a rather more favourable impression of the condition of British iron and steel-making than at present existed. Mr. Richard Holmes greatly added to the interest of his paper on Painting in Miniature" by an admirable series of illustrations. He utilised the modern process of three-colour photography to reproduce as lantern slides some of the finest examples of probably the finest collection of miniatures in the world that belonging to His Majesty at Windsor Castle, and under Mr. Holmes's charge. The appearance of these minute works of art, magnified to a scale which they were certainly never intended to approach, showed that they were quite able to bear comparison with work by the same artists executed the size of life.
An additional meeting of the Society was arranged for Wednesday, June 22nd, in connection with the London meeting of the 'International Olympic Games Committee," in order to afford Colonel Viktor Balck, President of the Northern Games Committee, the opportunity of delivering a lecture on 66 The Northern Games in Stockholm." The Lord Chief Justice presided, and there was large and interested audience. The Northern Games include Skating; Sleighing with Horses, Reindeer, and Teams of Dogs; Ski Running; Ski Jumping; Horse
Racing in Snow; Ice Yachting, &c. The lecture was very fully illustrated by a large series of photographs. Baron P. de Coubertin, President of the International Olympic Committee, who was present, also gave a short account of the Revival of the Olympic Games.
II. INDIAN SECTION.
Testimony to the public services discharged from year to year by this Section was borne by the Secretary of State of India, Mr. Brodrick, M.P., who presided at the meeting in January, when Sir William Lee-Warner made a valuable contribution to the "Provinces of India" series of papers. This series began in 1901, and will be continued until the whole of the Indian Empire has been dealt with in similar detail. Sir W. Lec-Warner's subject was "The Presidency of Bombay," particular stress being laid upon the past glories and future prospects of India's Western Province.
Sir Thomas Holdich's paper, "Our Commercial Relations with Afghanistan," attracted considerable attention both here and in India. Speaking with a wide knowledge of Afghanistan, the author advocated the adoption of a bolder and more definite commercial policy with regard to that country. He also strongly advised the linking together of the Indian and Russian railway systems, which he believed would be the means of promoting friendship between the "two great Powers of Asia" and preserving peace. He thought that the Ameer's present deter. mination not to have a railway in Afghanistan at any cost would disappear if we entered into a direct agreement with Russia."
The Indian aspect of the fiscal question was raised in Mr. J. M. Maclean's able paper on "India's Place in an Imperial Federation." The author maintained that as the one market in the world which is perfectly open to us" India has nothing in common with the aims of the self-governing colonies.
In the paper read by him on May 31, the distinguished ex-Director-General of Statistics, Mr. J. E. O'Conor, described the impressions of Indian economic conditions acquired by him during a prolonged period of service. After allowing for the marked advance that has been made and for the excellence of the Administration, there is, Mr. O'Conor affirms, no doubt that India is still an extremely backward country in comparison with Western nations. This backwardness, is in his opinion, due to various causes for the exist
ence of most of which the State is not directly responsible, but the conditions might, he suggests, be improved by the adoption of certain administrative measures.
The remaining papers had to do with two Indian industries, one nascent, and the other long-established-China Grass and Tea. In dealing with the former subject, Mr. Frank Birdwood discussed the past, present and future of the fibre, coucluding his excellent paper with some suggestions as to the manner in which State help might be given to rhea cultivation in India. Mr. A. G. Stanton's paper on "British Grown Tea" usefully supplemented previous papers on the subject, and gave a clear account of the position of an industry which in India alone gives employment to more than 500,000 natives and a large number of Englishmen. In the discussion various questions affecting the industry, such as the scarcity of labour, estate liquor shops, the increased duty, &c., were referred to.
III. COLONIAL SECTION.
The principal feature of a successful session was the exceptionally large amount of interest aroused by the meeting at which Lady Lugard read a valuable paper on "Nigeria." The importance of the occasion was shown not only by the accommodation being insufficient for all who wished to hear the first account of Lady Lugard's impressions of our new tropical possession, and by the character of the audience, but by the special attention devoted to the proceedings by the press, English and African. Lady Lugard referred to the change that is taking place in the development of imperial and colonial questions. Hitherto the principal current of interest has been directed to the self-governing communities. Our next colonial chapter, she thinks, will be a tropical chapter. The vast possibilities of Nigeria as a cotton-growing country were touched upon, and the need for improved means of transit was also pointed out.
The danger which confronts the great cotton industry of this country, owing to an insufficiency of the raw material, was brought before the Society by Mr. Alfred Emmott, M.P., who, in an admirable paper, described the efforts that are being made by a powerful association to increase the area under cultivation, not only in Northern and Southern Nigeria, but in other parts of the Empire as well as in the Soudan. Sir Edward Grey, M.P., presided, and other prominent public