IN THE MATTER OF AN APPLICATION FOR PATENT BY M

159 Vol. XLI.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES In the ~f atier [~To. 5 of an Application fOT Patent by JJI. Before THE SOLICITOR-GENERAL. February 5th, 1924. IN THE lVL.\TTER OF AN j\PPLICATION FOR PATENT BY lVI. Application fOT grant of a Paient.-l\Janner of neu: manufact1lTe.--A.pplica,.-. 5 iion. refused.-Patenis and Designs Acts, 1907 and 1919 , Section 93 . 1 10 15 .An application was made by 1\[. for the grant: of a Patent, for improvements in music 1~o:l18 for automatic players, which improvements may be summarized as providing perforated music rolls for automatically operated musical instruments with markings associated with the perforations and indicative of the, corres-ponding notes, either in the form of staff notation or key delineation, for the purpose of instructing pupils, who can simultaneously hear the note and see its notation and associate the pitch with the notation. The Assistant-Comptroller, a,ct,ing for the CornptrolIcl', refused to accept, the Application on the ground that the Specification described no manner of new manufacture. The Applicant! appealed, and the appeal carne before the SOLICITOR-GENERAL on the 5th ocE February, 19,24. TV. 'I'reiior lVa,ison appeared as Counsel for the Applicant, and the zu o o t-o t,Uf~v'" Com ptroller appeared in support, his decision . In, addition to c, Application, (19 20) 87 RI.P.C. 247, referred to in the Decision, the following cases. were also referred to, namely, Cooper's Application. (1902~ 19 R.P C. 53, .l oh.neorc'» e<:4pplication, (1902) 19 R.P.C:. 56, and T'8 Application, (1920) 37 R,.P.C. 109. Sir HENRY SLESSER., 8. G.-In, this Ca:SB an Application has been made for a. Patent in respect of an invention for having imprinted on a perforated web for controlling the performance of an automatic musical instrument certain musical notes in one of several forms, the object being' to instruct a pupil in that when the note is sounded he will know the name of that note, and so relate it to the score of music. It, was argued by Mr. Trevor Watson that this device, constitutes an invenbion within the- meaning of Section 9H of the Patents and Designs Acts, 1907 and 19'19, but, in my opinion when the: case is. properly considered this device is no more than the printing of: a part, of a, score 011 a perforated reel. If is quite clear that the' printing of a, score by itself cannot, be construed to be an invention within the meaning of Section 9tH, and in my opinion the facti that the score or a: part of the score, or a, symbol showing what note is actually played, is: printed upon or near the slot in the instrument which causes the: sound to he played, does not, take it, out, of the general principle that, this iSI merely a method of printing musical notes. ' It is clear that the music produced on the pianola or musical instrument is in no way or 20 25 30 35 1 160 No.5] REPORT·S OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XLI. In the Matter of an Application for Paten-e by M. affected by the printing which it is proposed to put on the music reel, and therefore this alleged invention does in my opinion simply resolve itself into a new method of musical notation, although that musical notation I agree is collocated to the sounding of a particular note. In the case of the AppUca,tion for a Patent by 0, reported (1920) 37 R,.P.,C., 5 page 247, it was held that an invention consisting in distinguishing between various classes of musical notations was not a manner of manufacture within the meaning otE Section 93. In my opinion nothing has been shown in this case to distinguish it from the case of C'e Applicaiion: and therefore I think the Assistant-OomptroLler was right, in refusing to accept, the Application, and 10 the appeal will be dismissed. IN THE HIGH COURT' OF JUSTICE-CRANCERY DIVISION, .Before MR. JUSTICE TOMLIN. J anuary 29th, 30t,h and 31st, and February 1st and 6th, 1924. MASSON SEELE,Y & CO. LID. v. EMBOSOTYPE MANUFACTURING Co. 15 Passing off·--Trade Oatalogue.-Cutter-Orush Machi,nes.-Pasling off inferior goods by circulciuu; catalogues copied from those of the Plaintiff.Oopyright.---Oopyright or Design.-Original Literary Work.-lnfringement.~ Judgment. for the Plarin,tiffs.-Pa.tents and Designs Act, 1907, Section 9'3. and Patents and Designs Act, 1919.-00pyright Act, 1911, Seciion. 22. 20 The Plaintiff Oompany iohich. carried on the bueineee of supp'lying cuttercrush machines and' type and olher 'materials used therewith, issued a caialoqu» coneisiinq for the most part. of a number of words which illustrated t~ products of the several sizes and eho.pe» of type supplied by the Oompanvy and cuetomers ordered a particula.r class of type by -referring to such wo..-da. 25 Nearly lW.ll·t.ke W01'ds were selected by the managing directo'r of the compa~y. ln. 1922' the Defendants, who were earrying on a simila.r OUSinB1l8 , circultlted  (...truncated)