1829-01-15 London Journal of Arts and Sciences - Lewis v Davis

SCIENTIFIC ADJUDICATION.

Court of King's Bench, Westminster, Jan. 15, 1829.

(Before the Lord Chief Justice.)

LEWIS V. DAVIS.

THIS was an action for infringement of Patent Right, brought by the plaintiffs, Messrs. J. and W. Lewis, of Brimscombe, against the defendant, Mr. C. F. Davis, of Nailsworth; both parties being clothiers of the first respectability in the County of Gloucester. The plaintiffs obtained a patent in the year 1818, for certain improvements on a machine for shearing or cropping woollen cloths, the specification of which, after describing one of their ma- chines contained a rotatory cutting operation across the cloth, states their claims to novelty to consists of-first, a spring bed; second, a triangular wire, coiled round a cylinder; third, a spiral brush, and fourth, the described method of shearing cloth across, from list to list, by a rotatory cutter.

The defendant is also possessed of a patent right for an improved shearing machine, operating across the cloth, by a rotatory cutter, combined with certain novelties of construction; the rotatory cutter having also a lateral movement, by which the operation of shearing is performed in a superior manner; and the defendant contended, that his method of shearing was not an infringement of the described method of the plaintiffs, but bona fide, a different machine in all its parts.

For the purpose of rendering this subject intelligible to our readers, we have exhibited representations of both machines in Plate IX, and proceed to describe them, in order that the merits of the question may be clearly understood. Fig. 1, is an end view of Lewis's machine for shearing cloth from list to list; and Fig. 2, is a side view of the same, as in the drawing accompanying the specification. Fig. 3, is an end view of the carriage, with the rotatory cutter detached from the frame of the machine, and upon a larger scale; a, is a cylinder of metal, on which is fixed a triangular steel wire; this wire is previously bent round the cylinder, in the form of a screw, as represented at a, a, in Fig. 1, and being hardened, is intended to constitute one edge of the shear or cutter.

The axis of the cylindrical cutter a, turns in the frame b, which having proper adjustments, is mounted upon pivots c, in the standard of the travelling carriage d, d; and e, is the fixed or ledger blade, attached to a bar f, which constitutes the other edge of the cutter; that is the stationary blade, against which the edges of the rotatory cutter acts; f, and g, are flat springs, intended to keep the cloth (shewn by dots) up against the cutting edges.

The form of these flat springs f, and g, are shewn at Fig. 4 and 5, consisting of plates of thin metal, cut into narrow slips, as Fig. 4, or perforated with long holes, as Fig. 5. Their object is to support the cloth, which is in- tended to pass between them, and operate as a spring bed bearing the surface of the cloth against the cutters, so that its pile or nap may be cropped off or shorn, as the carriage d, is drawn along the top rails of the standard or frame of the machine h, h, by means of cords.

The piece of cloth to be shorn is first wound upon the beam k, and its end is then conducted through the machine, between the flat springs f, and g, as shewn in Fig. 3, to the other beam 7, and is then made fast; the sides or lists of the cloth being held and stretched by small hooks, called habiting hooks.

The cloth being thus placed in the machine, and drawn tight, it is held distended, by means of ratchets on the ends of the beams k, and 7, and palls, or by any other well known contrivance for this purpose.

In commencing the operation of shearing, the carriage d, must be brought back, as in Fig. 2, so that the cutters shall be close to the list; the frame of the cutters being raised up on its pivots as it recedes, in order to keep the cloth from injury, but is lowered again, previously to being put in action.

Motion is then given to the mechanism by a band or winch applied to the rigger or pulley m, which, by means of an endless cord, passed round the pulley n, at the re- verse end of the axle of m, and round the other pullies o, and p, and the small pulley q, on the axle of the cylindrical cutter, gives the cylindrical cutter a very rapid rotatory motion; at the same time, a worm or endless screw on the axle of m, and n, taking into the teeth of the large wheel r, causes that wheel to revolve, and a small drum s, upon its axle, to coil up the cord, by which the carriage d, with the cutters a, and e, and the spring bed f, and g, is slowly, but progressively made to advance, and to carry the cutters over the face of the cloth, from list to list; the rapid rotation of the cutting cylinder a, producing the operation of cropping or shearing the pile.

Upon the cutting cylinder between the spiral blades, it is proposed to place stripes of plush, to answer the purpose of brushes, to raise the nap or pile as the cylinder goes round, and thereby assist in bringing the points of the wool up to the cutters.

The other parts of the specification describe the same contrivance adapted to a machine for shearing lengthwise of the cloth.

The defendant's machine is represented at Fig. 6, 7, 8, and 9, and embraces, among a variety of old contrivances, the improvements claimed under Gardner and Herbert's Patent, (see Vol. XI, First Series, page 85), on whose be- half this action is defended.

Fig. 6, is a geometrical elevation of one side of the machine. Fig. 7, a plan or horizontal representation of the same, as seen on the top; and Fig. 8, a section taking vertically across the machine near the middle, for the pur- pose of displaying the working parts more perfectly than is seen in the two preceding figures. These three figures represent a complete machine in working condition, the cutters being worked by a rotatory motion, and the cloth so placed in the carriage as to be cut from list to list; a, a, a, is a frame or standard of wood or iron, firmly bolted together by cross braces at the ends, and in the middle. In the upper side rails of the standard, there are a series of axles carrying antifriction wheels b, b, b, upon which the side rails c, c, of the carriage or frame that bears the cloth runs, when the cloth is passing under the cutters in the operation of shearing. The side rails c, c, are straight bars of iron, formed with V edges on their under sides, which run smoothly in the grooves of the rollers b, b, b. These side rails are firmly held together by the end stretchers d, d.

The sliding frame has attached to it the two lower rollers e, e, upon which the cloth intended to be shorn is wound; the two upper lateral rollers f, f, over which the cloth is conducted and held up, and the two end rollers g, g, by which the habiting rails h, h, are drawn tight.

In preparing to shear a piece of cloth, the whole length of the piece is in the first place tightly rolled upon one of the lower rollers e, which must be something longer than the breadth of the cloth, from list to list. The end of the piece is then raised, and passed over the top of the lateral rollers f, f, from whence it is carried down to the other roller e, and its end or ferrule is made fast to that roller. The hooks of the habiting rails h, h, are then put into the lists, and the two lower rollers e, e, and the two end rollers g, g, are then turned, for the purpose of drawing up the cloth, and straining it tight, which tension is preserved by ratchet wheels attached to the ends of the respective rollers, with palls dropping into their teeth.

The frame carrying the cloth is now slidden along upon the top standard rails by hand, so that the list shall be brought nearly up to the cutter i, i, ready to commence the shearing operation; the bed is then raised, which brings the cloth up against the edges of the shears.

The construction of the bed will be seen by reference to the cross section, Fig. 8. It consists of an iron or other metal roller k, k, turned to a true cylindrical figure, and covered with cloth or leather, to afford a small degree of elasticity. This roller is mounted on pivots in a frame 1, 1, and is supported by a smaller roller m, similarly mounted, which roller m, is intended merely to prevent any bending or depression of the central part of the upper roller or bed k , so that the cloth may be kept in close contact with the whole length of the cutting blades.

In order to allow the bed k, to rise and fall, for the purpose of bringing the cloth up to the cutters to be shorn, or lowering it away from them after the operation, the frame 1, 1, is made to slide up and down in the grooved standard n, n; the moveable part enclosed within the standard being shewn by dots. This standard n, is situated about the middle of the machine, crossing it immediately under the cutters, and is made fast to the frame a, by bolts and screws. There is a lever o, attached to the lower cross rail of the standard, which turns upon a fulcrum pin, the extremity of the shorter arm of which lever acts under the centre of the sliding frame, so that by the lever o, the sliding frame with the bed may be raised or lowered, and when so raised, is held up by a spring catch j.

It being now explained by what means the bed which supports the cloth is constructed and brought up, so as to keep the cloth in close contact with the cutters, while the operation of shearing is going on, it is necessary, in the next place, to describe the construction of the cutters, and their mode of working, for which purpose, in addition to what is shewn in the three first figures, the cutters are also represented detached, and upon a larger scale, in Fig. 9.

In this figure is exhibited a portion of the cutters in the same situation as in Fig. 8; and alongside of it is a section of the same, taken through at right angles to the former; p, is a metallic bar or rib, somewhat of a wedge form, which is fastened to the top part of the standard, a, a, seen best in Fig. 7. To this bar a straight blade of steel g, is attached by screws, the edge of which stands forward, even with the centre or axis of the cylindrical cutter i, and forms the ledger blade, or lower fixed edge of the shears. This blade remains stationary, and is in close contact with the pile or nap of the cloth, when the bed k, is raised in the manner above described.

The cutter or upper blade of the shears is formed by inserting two or more strips of plate steel r, r, in twisted directions into grooves in the metallic cylinder i, i, the edges of the which blades r, as the cylinder i, revolves, traverse along the edge of the fixed or ledger blade g, and by their obliquity produce a cutting action like shears, the edges of the two blades taking hold of the pile or raised nap, as the cloth passes under it, shears, or crops the superfluous ends of wool, and leaves the face smooth.

Rotatory motion is given to the cutting cylinder i, by means of a band leading from the wheel s, which passes round the pulley fixed on the end of the cylinder i, the wheels, being driven by a band leading from the rotatory part of a steam engine, or any other first mover, and passed round the rigger t, fixed on the axle s. Tension is given to this band by a tightening pulley u, mounted on an adjustable sliding piece v, which is secured to the standard by a screw, and this rigger is thrown in and out of gear by a clutch box and lever, which sets the machine going, or stops it.

In order to give a drawing stroke to the cutter, which will cause the piece of cloth to be shorn off with better effect, the upper cutter has a small quantity of lateral actions, produced by the following means:-The axle of the cutting cylinder is made sufficiently long to allow of its sliding laterally about an inch in its bearings, and which sliding is effected by a cam w, fixed at one end.

This cam is formed by an oblique groove, cut round the axle, see w, Fig. 9, and a tooth x, fixed to the frame or standard, which works in it, as the cylinder revolves. By means of this tooth, the cylinder is made to slide laterally, a distance equal to the obliquity of the groove w, which produces the drawing stroke of the upper shear. In order that the rotation of the shearing cylinder may not be obstructed by friction, the tooth a, is made of two pieces, set a little distance apart, so as to afford a small degree of elasticity.

The construction of the cutters, and the mode of cropping or shearing the pile being explained, it is necessary, in the next place, to describe the manner of passing the cloth progressively under the cutters, which is done by the following means: On the axle of the wheel s, and immediately behind that wheel, there is a small rigger, from which band passes to a wheel y, mounted on an axle turning in bearings on the lower side rail of the standard a. At the reverse extremity of this axle, there is another small rigger 1, from which a band passes to a wheel 2, fixed on the axle 3, which crosses near the middle of the machine, seen in Fig. 8. Upon this axle, there is a sliding pulley 4, round which a cord is passed several times, and its extremities made fast to the ends of the sliding carriage d; when there- fore this pulley is locked to the axle, which is done by a clutch box, the previously described movements of the machine cause the pulley 4, to revolve, and by means of the rope passed round it, to draw the frame with the cloth slowly and progressively along under the cutters.

The construction and action of the machine, and the manner in which the pile of the cloth is shorn by it, having been explained, it remains only to point out the contrivance whereby the machinery throws itself out of gear, and its operations are stopped, when the edge of the cloth or list arrives at the cutters.

At the end of one of the habiting rails h, there is a stop affixed by a nut and screw 5, which, by the advance of the carriage, is brought up and made to press against a lever 6, and an arm from this lever 6, acting under the catch 7, raises the catch up, and allows the hand lever 8, which is pressed upon by a strong spring, to throw the clutch box 10, out of gear, with the wheel 8, and hence the evolution of the machine instantly ceases. The lower part of the lever 6, being connected by a joint to the top of the lever j, the receding of the lever 6, draws back the lower catch j, and allows the sliding frame 1, 1, with the bed k, to descend.

By now turning the lower rollers e, e, another portion of the cloth is brought up to be shorn, and when properly habited and strained by the means above described, the carriage is slidden back, and the parts being all thrown into gear, the operation goes on as before.

The following is a letter forwarded to us upon the subject of the above trial, Lewis v. Davis.

To the Editors of the London Journal of Arts, &c. GENTLEMEN-This case was incorrectly reported in the newspapers; it turned on a point of law, and now remains for argument on a motion before the court. The importance of the case to patentees and to cloth manufacturers, may justify your insertion of the following particulars in the Journal of Arts, &c. &c. &c.

                                      I am, Gentlemen, 

                                                                  Your obedient servant,

                                                                                                                   J. RAYNER.

London, January 21, 1829.   

The following facts were established by the plaintiff's evidence, and the able argument of the learned counsel for the defendant.

• First. That the triangular steel wire was not infringed. 
• Second. That the spring bed was not infringed.
• Third. That the setting up brush was not used. 
• Fourth. That the rotatory cutter was not the invention of the plaintiff.
• Fifth. That shearing cloth from list to list, was as old as the practice of shearing.
• Sixth. That shearing cloth across from list to list by machinery, was done as early as the year 1798, by Mr. Harmer, of Sheffield. 
• Seventh. That the machinery of the defendant was ad- mitted to be different from that of the plaintiff, and no one of their three special claims to invention infringed. 

In the early part of this trial, and without hearing evidence for the defendant, the court ruled that the defendant had infringed on the plaintiff's patent, in the fact of shearing from list to list by a rotatory cutter, without reference to the machinery, by which such shearing was performed.

In proceeding to state the peculiar features of this case, I may shortly notice the opinion of former judges, as to what is laid down as the foundation on which patent claims ought to rest." If principle alone be the foundation of a patent, it cannot stand; although the invention be a great improvement, it must be void, ab initio. The organization of a machine may be the subject of a patent, but principles cannot. A patent for the application of a principle, must be as bad as the principle itself. A patent for a method only, cannot be supported, without having carried it into effect, and produced some new substance."

The claim for shearing cloth across from list to list by a rotatory cutter, must be taken to import either a new principle of shearing, or a new application of a known principle by new and novel machinery, by which such shearing is performed. There is no claim for a new principle of shearing by a rotatory cutter in the plaintiff's specification. The rotatory cutter was not invented by him, but by Douglas, or Mallroy, or some other person, as it appeared evidently to have been employed prior to the plaintiff's patent. There can be no claim for shearing cloth from list to list, that being the old and established practice of the trade.

(#  See Mr. Justice Buller, Mr. Justice Heath, and Sir J. Eyre, in Bolton and Watt v. Bull, and Hornblower v. Bolton, where the principles on which the construction of the patent laws depend, are laid down at great length by the Court.)

The Patentee's claim must then be for the organized machinery, by which the operation of shearing is per- formed, and that such was the intention and meaning of the plaintiff is evident, for he claims, in his specification, the novel parts of his machinery, viz. the triangular wire; the spring bed; the setting up brush; and the described method of shearing across from list to list, also the method of shearing from end to end of the cloth; for he claims and describes the machinery, by which the operation in both directions can be performed.

The law, as laid down by the learned judges in the cases referred to, states that a patent for method can be good only when clearly described, and the description refers to an arranged and organized contrivance, by which the operation is performed, and the method applied in practice; and the special claims of a patentee are held to be found in the new and novel parts of such machinery. In the plaintiff's case, the rotatory cutter is not a new invention; the ledger blade is not new, the old shear had one. The carriage mounted on friction rollers is a modification of Harmer's carriage, and the modus operandi is from the same source, viz. the worm and wheel, and an arrangement of lines or cord to draw the carriage across from list to list. The perching bars and cloth rollers are taken from Harmer, improved by Dyer, of Wootton-under-edge, who had a patent in the year 1814. The central support of a narrow bed is found in Hart, Mallroy, and in Price's specification. The other parts of the plaintiff's machine are not found in the defendant's machine, viz. the triangular wire, the spring bed, and the setting up brush. But let us view this subject otherwise; take from the described method of shearing from list to list the rotatory cutter, which is not new, the direction of shearing from list to list, which is old; the carriage from Harmer; the cloth rollers from Dyer; and the three novel inventions of the plaintiff's, as above stated. Take all these away, and what then re- mains on which to establish an exclusive right? Why, truly, the application of a known cutting instrument to perform an old operation, in a direction-old as cloth making. Such is the claim to the rotatory cutter for shearing across from list to list. The plaintiff's specifica- tion, however, does not claim generally the right to shear from list to list, but particularly the right to shear by the described method; the only fair interpretation of such lan- guage must be the plaintiff's right to shear by their own described method of performing the operation, viz. their own particular construction of the shearing machine; and it is difficult to conceive how this language can be construed to any other meaning. This being admitted, the defen- dant's case is proved. He shears from list to list by a ro- tatory cutter, it is true, but by the arrangement of other and different machinery, and does not use any one of the inventions of the plaintiff. If this new ruling of the learned judge be established as law, viz. the application of method, without reference to means or organization, the decision will be most favourable to patentees, and will increase the value of patent property; but the effect upon the cloathing trade will be inconvenient and vexatious, for there are no less than ten patents for rotatory cutters shearing across from list to list by different machinery, subsequent to that of the plaintiff's, and all must be equally liable to the plaintiffs on this general claim.

The fourth claim of the plaintiff's is difficult to conceive in connection with any novelty of invention, for the cutter and method of its operation are old; shearing across is old; there can, therefore, only remain the abstract principle or conception of a junction of two old inventions, viz. the rotatory cutter, and shearing across the cloth. If this ruling of the court be the law of the land, then are the principles of the patent laws much extended in their application.

To the Editors of the London Journal of Arts, &c. 

GENTLEMEN, Having been subpoenaed on the late trial, Lewis v. Davis, for an infringement of a patent cloth shearing machine, claimed by the former, a two days attendance at Westminster brought me into conversation with many of the clothiers from the North and West of England, of whom I learned, to my great surprise, that a very general opinion prevails in the trade that the Messrs. Lewis purchased of the proprietors, Mallory's patent, which first contained the rotatory knife or cutter, working against a fixed or ledger blade, as applicable to the purpose of shearing or cropping of woollen cloths. It is high time, therefore, to contradict such opinion as totally unfounded, and to inform the public (that part of it connected with the woollen manufacture more especially), that an account will forthwith be published of certain transactions which took place in the year 1813, when a machine, constructed under the patent of Mallory, was sent by the proprietors into Gloucestershire, and which in its consequences has produced so memorable an era in the history of the cloth shearing machine. Since that period, the career of prosperity, as machinists, which has been run by the Messrs. Lewis, is pretty generally known. Indeed by the mouth of their leading counsel on the late trial, they have proclaimed to the world that by this machine alone (they have other machines patented) they have already cleared upwards of a hundred thousand pounds, and the patent has yet between three and four years to run. A detail, therefore, of the previously connecting transactions alluded to will, it is presumed, furnish a pretty correct clue, by which to come at the origin of this, their adopted line of business, and by all their ideas of improvements upon cloth shearing machinery.

                    I remain, Gentlemen, 

                                                   Your very obedient servant, 

                                                                                              JOHN NORMAN. 

No. 19, Brooksby Street, Islington.

P.S. A pamphlet was published some seven or eight years since, by Mr. William Davis (now of Leeds), in consequence of a rupture between him and the Messrs. Lewis, having previously been connected as partner in these patents for cloth shearing machines. I shall feel greatly obliged to any gentleman, who will have the goodness to favour me with one of these pamphlets, the title of which is, I believe," the Rights of Davis asserted, against the claims of the Messrs. Lewis."