IN THE MATTER OF DEELEY'S PATENT

Vol. XlI., N o. ~. ] AND TRADE MARK dAS~S. In the Matter of Deeley's Patent. IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Before MR.'JUSTICE ROMER. -December 6th, 7th, 8th, 10th, and 11th, and 21st, 1894. IN THE MATTER OF DEELEY'S PATENT. 5 Patent.-Petition for revocation.-Patent held invalid in action for infrinqemeni-s-Subsequeni amendment pendinq petition.s-Uonstruction of amended Specijication.-Anticipation.-1Vant of subject-matter.-Patent revoked. . D., the Patentee of an invention/or improvements in the extracting mechanism of drop down srnall-ar ms, brought al-~ action for infringement against P. 10 P. alleged the. invalid'ity of the patent on the grounds that the 1st claim was anticipated by P.'s Specification, and the 3rd, 4th, and 5th claims were anticipated by a gun made by R., and the patent uias held 'invalid-by KAY, L.J., on these grounds. On Appeal, this decision was affirmed on the ground of anticipation by the R. gu'n, without discussion of the rest of the case. 15 D. then applied to amend his Specification, and P. presented a petition for revocation of the patent. D. obtained leave to amend, and amended by striki-ng out Olaim» 3, 4, and 5, and slightly altering Claims 1 and 2. P. then delivered fresh Particulars of Objections, alleging that the amended Specification was invalid on the ground 'that both claims were anticipated by 20 the R. g'ltn, and uiere not subject . . matter, and that the 1st claim was anticipated by P.'s and other Specifications. P. also contended that D. was estopped by KAY, L.J.'sjud.qlnent as to the 1st claim. Held, by 'ROMER, J., O'J~ the hearing of the petition, (1) that the amendment had not eubstantialu) altered Claim 1, and agreeing with KAY, L.J., that that claim 25 was anticipated by P.'s Specificatisn , (2), that even if Claim 1 were construed in a limited way, there was no sufficient inuention after P.'s Specification to be good subject-matter , and (3) that Claim 2 was anticipated by the R. gun.. The point of estojJpel ioas not decided, The Patent was revoked. On the 3rd of November, 1884, a patent (No. 14,526 of 1884) was granted to 30 John Deeley the Younger for" Improvements in the extracting mechanism of drop down small arms." The Specification as originally framed will be found fully stated in 10 R.P.C. at page 181. The Specification was subsequently, under circumstances hereafter stated, amended. The amended Complete Specification (the amendments being shown in erased and italic type) stated as 35 follows:" My invention consists of the improvements hereinafter described in the " ffiftraetiag ejecti'J~g mechanism of double barrel drop down small arms, whereby " the case of the exploded cartridge is ejected on the raising of the breech end " of the barrels for recharging. In the ordinary extractor of drop down guns 40 "the case of the exploded cartridge is ~ started' or drawn a short distance from' "the end of the barrel on the raising of the breech ends of the barrels, the " complete removal of the case being effected by hand. I employ the ordinary ". mechanism for starting the cartridge case but supplement it by the mechanism " hereinafter described, whereby the started cartridge case is ejected from the 4:5 "barrel. On the under-side of the barrel I place a nearly vertical short arm " turning upon a centre pin supported by two small plates on the fore end. " This arm has a bent at front, that is, at the side turned towards the break off " and a shoulder at back. A strong spring presses under the shoulder while a " lever similar to an ordinary sear engages in the bent at the-front of the said 50 "arm. In the body of the gun is an oblique sliding rod, the upper end of " which is in front of the breast of the hammer, the lower end of the said rod "being under the end of the"sear described when the parts are in the position " they occupy after the gun has been discharged. On lifting the breech ends of REPORTS or PATENT, DESIGN, I'J~ the Matter of Deeley's Patent. " the barrels for recharging the sear-like lever strikes against the end of the " sliding rod described and is disengaged from the bent in the vertical arm. " The said arm is urged forward by its spring and striking against the end of "the extractor rod urges the extractor forward with a sudden motion and " thereby ejects the cartridge case. A shoulder on the abutment of the fore end 5 " acting on an incline on the end of the sliding rod forces the said rod back so " far that it is not within the range of the motion of the sear-like lever, and the " ejecting mechanism is not operated by the raising of the breech ends of the " barrels until the said rod is urged forward to its original position. This is " effected by the falling of the hammer, the breast ofwhich as the hammer falls 10 " strikes against a projection on the side of the top end of the sliding rod and " pushes it forward. The sliding rod is held with the required force in its two " positions by a spring arm. The vertical arm which strikes against the end of " the extractor rod may be replaced by a horizontal or oblique spring bolt or " rod, and the bent with which the sear like lever engages may be made in the 1.5 " said spring bolt or rod 'or in the extractor rod. My invention is applicable to " effigle-Qft6: double drop down guns, the extractor and extracting mechanism " of each barrel fa-the-ease-ef-aeab±e-EHB& being independent of the extractor' " and extracting mechanism of the other. " Figs. 1 and 2 of the accompanying drawings represent longitudinal vertical 20 " sections of the breech end of a double barrel drop down gun containing " mechanism constructed according to my invention for fully extracting or "ejecting the spent cartridge cases from the barrels, the barrels in Fig. 1 being "represented shut down and the ejecting mechanism held out of action and " the barrels in Fig. 2 being represented raised from the face of the break off 25 " and .the spent cartridge cases ejected from the barrels; Fig. a represents in " end elevation the face of the body of the gun and Fig, 4 in end elevation the " face of the barrels; Fig. 5 represents in side elevation and Fig. 6 in plan of "underside the 'fore end' of the gun carrying portions of the ejecting " mechanism ; Fig. 7 represents in side elev£tion and edge view the sliding rod 30 " and Fig. 8 the sear like lever of the ejecti1fg mechanism detached, and Fig. 9 "represents the divided extractor which I use with a double gun. As the " ejecting mechanism applied to each portion of the divided extractor in a " double gun is the same in construction and action I will describe the ejecting " mechanism of one barrel only of the double gun. The same letters indicate 35 " the same parts in the several Figs. of the drawings. a, a» ; a, a 2 are the divided " parts of the extractor shown detached in Fig. 9, a being the extractor rod and " a'l the hook part with which the rim of the cartridge case engages as is well " understood ; b is the (...truncated)