Anthony Hill v Thompson and Forman
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1818 |
| Date | 01 January 1818 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 427
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 2 Moore, 424: at Nisi Prius, Holt, N. P. 636: in Chancery, 3 Mer. 622. Referred to, Bovill v. Finch, L. R. 5 C. P. 532.
[375] anthony hill v. thompson and forman. 1818. [S. C. 2 Moore, 424: at Nisi Prius, Holt, N. P. 630: in Chancery, 3 Mer. 622. Referred to, Bovill v. Finch, L. R. 5 C. P. 532.] A patent had been obtained for " the invention of certain improvements in the smelting and working of iron;" arid the patentee, in bis specification, declared, that his improvements consisted in certain processes thereinafter set forth, by which the iron contained in slags or cinders, produced from the several furnaces, was, by smelting, brought into the state of bar iron, (whether all the sorts of the said slags, or any of them, were mixed together and used, or whether all the sorts of the said slags, or any one or more of them, were compounded with iron stones or iron ores, or with both of them ; whether all the said several compounds were used together, or whether only one or more of them were used,) and further, in the use and application of lime to iron subsequently to the operation of the blast-furnace, whereby that quality in iron called "cold short" was prevented. The patentee then declared, that in the smelting he used a mixture of lime and mine rubbish, and stated their proportions, and also the various processes, compounds, and proportions uaed in the different furnaces in the smelting and working; and further declared 428 HILL, V. THOMPSON 8 TAUNT. 376. that he had discovered that the addition of lime or limestone, or other substances consisting chiefly of lime, and free, or nearly free, from any ingredient known to be hurtful to the quality of iron, would sufficiently prevent or remedy that quality in iron called cold short, and would render such iron more tough when cold.-On the trial of an action for the infringement of this patent, it appeared that iron had before been extracted from slags, that it had been previously discovered, and even published, that the application of lime would prevent the quality called cold short, that such application had been used for that purpose in an extensive iron work for a series of years previous to the date of the patent; and that the Defendants had not worked according to the processes, compounds, and proportions described in the specification, for that they frequently varied the proportions and, in one instance, omitted one of the ingredients altogether, with an equally successful result: Held, by three judges, Gibbs C. J. absente, that there had been no infringement, and that the patent was void, the invention claimed not being new. This was an action directed by the Lord Chancellor (a) to try the validity of a patent for "the invention of certain improvements in the smelting and working of iron," granted to the Plaintiff 28th July, 1814. The declaration charged the Defendant with the infringement, in various counts, in a variety of ways. Plea, general issue. At the trial before Dallas J. (Westminster sitting after Michaelmas term last,) the [376] Plaintiff's specification, dated 25th January, 1813, was proved, which, after reciting the patent in the usual way, proceeded as follows : "I, the said Anthony Hill, do hereby declare that the nature of my said invention, and manner of performing the same, are fully described and ascertained in manner following, that is to say, my said improvements do consist in the manipulations, processes, and means hereinafter described and set forth, and by which the iron contained in the several sort of slags or cinders, produced in or obtained from the refinery furnace, the puddling furnace, and the balling or reheating furnace, and which are produced in consequence of or by or during the operations of rolling, or by any treatment to which the crude or pig iron of the blast furnace may be or is usually subjected, in order to improve or alter the quality of the same, is by smelting or working made into or brought into the state of bar iron, whether only one of the said several aorts of slags or cinders be used, or whether all the said sorts of the said slags or cinders, or any of the said several sorts of them, be mixed together and used, or whether all the said sorts of the said slags or cinders, or any one or more of the said sorts of them be compounded with iron stones or iron ores, or with both of them, whether all the said several compounds be used together, or whether only one or more of the said several compounds be used, or whether only one of the several sorts of crude or pig iron obtained frpm the said slags or cinders, or the aforesaid mixtures of them be used, or whethef all or any of the said several sorts of crude or pig iron be mixed or used together, or whether they or any one or more of them be mixed with any one or more sort or sorts of any other crude or pig iron and used, or whether only one of the several sorts of crude or pig iron obtained from all or any or either of the said com-[377]-pounds of the said slags or cinders with iron stones or ores be used, or whether ail op any of the said last-mentioned several sorts of crude or pig iron be mixed and used together, or whether they or any one or more of them be mixed with any one or more sort or sorts of any other crude or pig iron and used ; or whether all or any or either of the aforesaid sorts of crude or pig iron be compounded and used with refined metal obtained from the said slags or cinders, or from the said mixtures thereof, or from the said compounds of the said slags or cinders with iron stones and ores, or with the refined metal of any other iron, or whether only one of the several sorts of refined metal obtained from the said slags or cinders, or from the said mixtures thereof, or from the said last-mentioned compounds be used, or whether all or any of the said last-mentioned refined metals be mixed and used together, or whether they or any one or more of them be mixed with any one or more sort or sorts of refined metal of any other iron and used, or whether only one of the several sorts of puddled iron obtained from the said slags or cinders, or from the said mixtures thereof, or from the said last-mentioned compounds be used, or whether all or any of the said lust-mentioned puddled irons be mixed and used together, or whether they or any one or more of (a) See 3 Merivale, 622. 8 TAUNT. 378. HILL V. THOMPSON 429 them be mixed with any one or more sort or sorts of any other puddled iron and used. And that my said improvements do further consist in the use and application of lime to iron subsequently to the operations of the blast-furnace, whereby that quality in iron from which the iron is called 'cold short,' howsoever and from whatever substance such iron ba obtained, is sufficiently prevented or remedied, and by which such iron is rendered more tough when cold. And I do further declare, that in the said smelting and working, I do use a mixture of lime or limestone, and of the substance in which the [378] iron stones are generally found, arid which is known in South Wales by the name of mine rubbish, whether raw or calcined, consisting, by weight, of about six parts of good limestone to five parts of raw mine rubbish, which said mixture I do apply together with the other materials operated upon in the blastfurnace for the purpose of producing a fusible cinder, and that the proportions of the aaid limestone and mine rubbish composing the said mixture may be varied, without materially impairing the beneficial effects thereof. And that in smelting and working, by the usual working of the blast-furnace, all or any or either of the said sorts of the said slags or cinders, or the aforesaid mixtures of them, or all or any or either of the aaid compounds thereof, with iron stones or ores, when such slags or cinders or compounds last-mentioned are known by assay or otherwise to be capable of affording erude or pig iron to the amount of 50 per cent, or thereabouts, by weight, I do, in order to make one charge, take and use 18 cubic feet by measure, or about 450 pounds by weight, of coke, and from 300 pounds to 420 pounds of the said slags or cinders, or the said last-mentioned mixtures and compounds, and from 70 pounds to 95 pounds of the said raw mine rubbish, and from 180 pounds to 240 pounds of the said limestone, or from 110 pounds to 145 pounds of lime, which charge I do repeat, according to the usual manner of filling and working the blast-furnace. But that, when the said slags or cinders, or the last-mentioned mixtures or compounds, which are known by assay or otherwise to contain respectively either more or less than 50 per cent., by weight, of crude or pig iron, are required to be amelted and worked by the usual working of the blast-furnace, it will he necessary, in order to produce the best effect, that the quantity and proportions thereof, and of the limestone and raw mine rubbish to be made use of in the charge as aforesaid, [379] should be varied ; and that, as a general rule of practice to be adopted and followed, I do declare that I do mix all or any or either of the said sorts of the said slags or cinders with raw mine rubbish if required, or I do mix all or any or either of the said last-mentioned compounds with raw mine rubbish if required, until the crude or pig iron contained in either of such aggregate mixtures shall amount to 40 per cent., or less than 40 per cent, if so wished, and then, in order to constitute a charge, I do take from either or both of aueh aggregate mixtures from 350 pounds to 550 pounds in the whole, and 18 cubic feet by measure, or about 450 pounds, by weight, of coke ; and I do flux the whole by adding six parts, by weight, of limestone for every five of such parts of the raw mine rubbish as may have been used for the purpose last before-mentioned, and I do add so much more...
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