Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...
Reports of Cases Argued And Determined in the Court of Queen's Bench: And ...
Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith, Great Britain. Court of Queen's Bench, Great Britain. Court of Exchequer Chamber
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Lord Tenterden was speaking of the application to anchors of a mode of putting on the head, which had been used as applicable to a variety of things; and in his opinion the mat- ter for which the patent was taken out was not new, for it had been done in a mode that was known before as applied to a similar purpose. I am not sure whether the matter is a question for the jury, or for the Court. But if it be a question of fact, the jury have found for the plaintiff, because they find that this was ...a new and useful invention as applied to railways, unless the application of it to the timbers of a bridge, in a manner that was not fishing, was such as in point of law to deprive the invention of novelty. If it be a question of law for the Court, — which I am inclined to think it is not, — I have come to the conclusion, that this is not such a similar purpose as to deprive the patent of novelty. *2161 *^^ ^ ^^^ second question, the jury found " that the fasten- ^ ing of the scarf-joint of the longitudinal beam at the Hackney Bridge was a fishing of that joint, but that the use of the channelled iron as one of the plates of the fish arose from its being already there for the purpose of fastening the beams and the iron together, and was not adopted by Mr.
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