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they thought proper; and I stated my reasons for such opinion in No. 783, and 784, and as I had legal statements on the subject I still retain the same opinion, notwithstanding your kind remarks on behalf of Mr. Hancock. I omitted, however, to state, that although acts of commission or omission existed which would invalidate his patent, yet it required a wrt of scire facias to issue actually to annul them; which course could be adopted by any parties who might be interfered with. Thus far in explanation I conceive requisite by your notes appended to my two letters. Mr. Hancock now having published his claim in No. 786, and having thus made known to the world, that his patent (if good and valid) is only for constructing narrow flat vessels in the form and manner described in his specification, and that he also claims for his mode of arranging and combining a series of such vessels together, with narrow vertical spaces between them for the fire, so as to form one boiler, with communication through their junctions for the passage of water from one vessel to another; having done this, it is clear from his own statement, that his claim is only for a boiler whose chambers or vessels are of the form and manner described in his specification, and for the method of combining and arranging such chambers; so that, according to his own showing, any person may make a different form of chambers, and may combine and arrange such different form in any way they please, without in the least entrenching on his claim. I trust, Mr. Editor, you will now allow me to show that Sir James Anderson's boiler is so essentially different in all its parts and arrangements from such described patent, that no similarity can be found to exist. In the first place, Sir James's chambers are flat parallel chambers;-Mr. Hancock's are near double the size at each end that they are in the middle. Mr. Hancock strengthens his chambers by a series of bolts passed through them at various places, the plates being bulged inwards to admit of the heads of such bolts being brought below the surface;-Sir James strengthens his by peculiarly constructed frames inside, to which the perfectly flat plates are rivetted. Mr. Hancock has a number of vertical flues (by his arrangement of his chambers) for the fire and smoke

to pass through ;-Sir James's chambers are arranged to form only one continuous flue. Mr. Hancock's arrangement only admits of the water occupying a portion of his chambers,-Sir James's chambers must be at all times full of water. The upper part of Mr. Hancock's chambers are his reservoirs for steam;-Sir James's has a separate chamber for that purpose at the top of his boiler. Mr. Hancock has a clear and nearly direct passage to the atmosphere for his fire and smoke; while Sir James's has a flat water chamber over the whole of his and connected with them. Mr. Hancock's fire-place is underneath his chambers;-Sir James's is at one end. Sir James relies for keeping all his joints steam-tight by having all iron or copper joints ;-Mr. Hancock invariably in his specification says, he uses and recommends lead tin foil and soft solder for all his joints. Mr. Hancock connects the water and steam in each of his chambers with the others by means of two or more hollow bolts, which pass through the whole of the chambers;-Sir James has no such bolts, nor any connection through his chambers. Having now shown that Sir James Anderson's boiler is in no respect constructed or arranged so as to incroach on Mr. Hancock's claims as shown by himself, I remain, Mr. Editor, with many thanks for your impartial conduct. Your obedient servant,

A SHAREHOLDER IN THE STEAM CARRIAGE AND WAGGON COMPANY.

OBSERVATIONS. ON THE LAW OF PATENTS, AS REGARDS THE EXTENT OF AN INVENTOR'S CLAIMS OF MONOPOLY-MR. HANCOCK'S AND SIR JAMES ANDERSON'S PATENT BOILERS.

In inserting the two preceeding letters we have swerved from our intention not to admit of a discussion of the legal rights of patentees in our pages; but the temporary interest excited as regards the parties whose patents are in question, and the importance of the general point at issue, must be our excuse. We hope, however, that our correspondents will not strain the character of impartiality which they are pleased to give us, by entering further into the discussion. The opinions after expressed are the result of

considerable experience in patent matters, and mature consideration of the existing law upon the subject.

In supporting the validity of Mr. Hancock's patent we rest upon the hypothe sis that he is the original inventor and patentee of flat-chambered boilers, as we shall hereafter more particularly define, leaving out of sight the common marine boilers, referred to by Mr. Simmons, and Smith's patents, referred to by Mr. Hebert, the bringing forward of which is a mere begging of the question.

Our observations upon the question of law as to the extent of Mr. Hancock's monoply (see page 388) are in consonance with the opinions of all writers on the law of patents for inventions. It is not a new, but a very old reading, and one held to be correct and just by the first legal authorities, even under the old administration of the patent law, when every point was construed in the strictest sense, as against a patentee, and every objection to a patent considered to be good until its force was explained away by indubitable evidence.

In the most generally received work, of authority on the law of patents, it is laid down that,

"A person may take for the foundation on which he intends to erect the superstructure of his improvements, either a thing that has been long known, or one that has lately been made public; either the subject of an expired patent, or that of one which is void. But if the improvement cannot be used without the subject of an existing grant, he must wait until it is expired. He may, however, at once take out a patent for the improvement by itself, and sell it. In all these cases he must claim nothing more than the mere addition.". -Godson on the Law of Patents. p. 74.

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Now, Mr. Hancock's invention was simply, (and if it had been properly specified would have been so described) the construction of a steam boiler, in which there should be alternate vertical thin laminations of water, and heated air or flame from a furnace. This, it appears to us, was the invention for which Mr. H. obtained a patent,—and referring to his Narrative this view of the case is borne out. He commences his experiments with tubular boilers, but finds the `division of the water too minute for practical purposes, he is consequently led to "consider of some arrangement by which

the water exposed to the action of the fire should be less divided, and yet extend over a large surface." He accordingly invented the "flat-chambered " boiler, and for this he obtains a patent. The mode of joining together the plates and chambers of his boiler were mere subordinate points as regarded him, but might certainly be the subject of subordinate patents under his license, during the term of his patent right, or by himself or others, after its expiration. According to the requirements of the proviso in the patent, he is bound to declare in his specification "the nature of his invention and the manner in which it is to be performed." What we consider to be the nature of Mr. Hancock's invention we have just stated,-and that is what he claims; "the manner in which it is to be performed," is necessary to be described according to the best of the inventor's knowledge and experience-but he is not to be bound by, and confined to, the precise method of putting the parts together, which he details. He must specify the most efficient means for carrying his invention into effect, as far as he has the power, either as resulting from experiment, or from mental consideration and design;—and this best means, in the inventor's opinion, is, as we have stated, only as per example. The process of manufacturing an article may legally and justly be the subject of a patent, where the article or thing to be manufactured is already public property; or, where patented, under license from the patentee; but, it would strike at the root of a majority of the patents granted -of that class which are most worthy of protection, if any one, by merely contriving a different way of making an article, or a mere alteration or modification of that described by the first patentee in his specification, could make the patented article, and perhaps put the real inventor out of the market. Great and important inventions very frequently issue from persons unacquainted with the minor details of the branch of manufacture in relation to which the invention is made. The artisan is confined to some particular routine of operation, and is prejudiced in favour of it, or it never enters into his mind to strike out of the beaten track. A novice, perhaps for a single time, sees the operations of the factory; the relations and connections of the various

manipulations and proceedings one with another are made clear to him; and in the process of ratiocination, a more simple and direct means of obtaining the object suddenly occurs to him. He patents his invention, but being unacquainted with the minutiae of the proceedings of the manufacture, he cannot himself describe every rivet, bolt, screw, nail, shaft, lever, wheel, pinion or pulley, that is necessary to be used to carry out his invention; in this he must either trust to hired workmen, his patent agent, or make the best he can of it himself. He satisfies the law if he describes one way, the best to his knowledge, in which his invention can be carried into effect; and hard upon him would it be indeed, and most unjust, if one well skilled and experienced in the manufacture in question could turn upon him, and say that as he can perform the operation in a better or in a different manner from the patentee, he will deprive him of the fruits of his genius.

These latter remarks may not be exactly applicable to the case of Sir James and Mr. Hancock in the particular, but in the main they are. We are not in possession of the specifications of either of these gentlemen: our observations are founded on the same information which our readers possess the various particulars which have been published in our pages.

The distinction between the principle, which is not patentable, and the application of the principle which is, in Mr. Hancock's case is clear: the principle would be the division of the water to be evaporated into small portions, the better to expose it to the influence of the heat; Mr. Hancock's application of the principle is the so doing by flat thin chambers. The first inventor of division by tubes, could have sustained a patent for all ways of placing the tubes together. We question whether the principle of construction above-mentioned, viz. division of the water into a number of small portions might not have been the subject of a valid patent in the early history of the steam-engine, as distinguished from the large dome boiler containing one mass of water over the furnace; this would class Mr. Hancock's invention as the third step from the unpatentable principle.

It has been repeatedly brought forward by Mr. Hancock's various anta

gonists as a fatal ground of objection to his patent that the boiler which he now uses is an improvement upon that described by him in his specification. Upon this point we will again turn to the same authority as we have before quoted :

"If it appear that a better mode of using the manufacture be a subsequent discovery; that the patentee has since the date of the grant found out this new means of carrying on his own invention to a better effect, then the grant will continue valid."-Godson on Law of Patents, p. 124.

That the boiler which Mr. Hancock now uses is better than that which he originally patented is unquestionable, as it is also in our opinion that he has retained and adhered to the main and distinguishing features of his patent. It would be absurd to suppose that during fourteen years' experience no new means of carrying on his invention with better effect" should occur, and it would be unjust to say he shall not use it.

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Whether Sir James Anderson's patented boiler be an improvement upon Mr. Hancock's we have not yet heard of any experiments from which to judge: so great have been the expectations raised by his friends, perhaps injudiciously, that we have hesitated to give an opinion based upon theory alone, and have anxiously waited the starting of his embryo carriage. It was promised to be on the road before the coronation, but three additional months have elapsed without any sign of life. Only let Sir James perform a tithe of what has been done by Mr. Hancock, and he shall have our cordial support. Sir James, say his friends, has failed in twenty-nine carriages to succeed in the thirtieth-but we fear that twenty-nine stumbles are poor evidence of the thirtieth step being a sure one. Mr. Hancock has built ten vehicles, and every one has, in a measure, succeeded. Steam travelling on common roads we have always considered as a doubtful mercantile speculation, but we would very willingly have our doubts removed. Mr. Hancock we have praised and supported as persevering to effect his aim against no ordinary difficulties; and should Sir James, who boasts of having started about the same time, outstrip him in the race, we shall not be backward in awarding him the palm of victory, and his due meed of praise.

SYMINGTON'S PLAN FOR THE PREVENTION OF EXPLOSION OF STEAM-BƆAT BOILERS.

The alarming extent to which this awful calamity has of late arrived, particularly in America, is certainly horrifying in the extreme to the reader. In fact, we can scarcely take a newspaper into our hands, but an account of one or more of those fearful accidents, attended with extensive loss of human life, meets our eye. It is, therefore, to be feared, that if government do not interfere, and endeavour to put a stop to such accidents, by passing a law to compel steamboat proprietors to use the most efficient safety apparatus on board these boats, it cannot fail to act very prejudicially against this cheap, speedy, and indispensable mode of communication. An inspector could be appointed at all the principal sea-ports, at no great expense, with full power to examine the machinery, and see that the law was strictly attended to. This would do much for humanity, and give great satisfaction to the public.

We have lately seen a paper, written by Mr. Andrew Symington, son of the originator of steam navigation, "On the cause and Prevention of Steam-Boat Boilers' Explosion," which he intends to lay before the Society of Arts. As it contains some ingenious and original suggestions on the subject, we consider a few extracts from it to be well worth our attention. Mr. S. is of opinion that the causes of explosion are by no means numerous nor intricate, and quite within the power of man to prevent. The first and greatest cause which he notices isthe want of a regular supply of water to the boiler, in consequence of which it falls below the level of the flues; of course, the top of them gets red-hot, and the boiler being in this state, if any agitation of the vessel should cause the water contained in the spaces between the flues to be thrown over the extensive surface of hot iron, the generation of steam at the instant is so rapid, that the safety-valve is not capable of allowing it to escape, although it be in good working order, and of course, the boiler must explode. This, in all likelihood, was the cause of the late catastrophe on board the Victoria steamer in the River Thames, the evidence of Captain Bell, the master of that vessel, being to this effect:-That he experienced a difficulty in getting steam all day, and had never been able to work the engines more than six pounds on the inch; and also from the circumstances of his finding the boiler that was not burst to be redhot immediately after the explosion, which took place only a few seconds after the collision with the collier brig. Such evidence

as this certainly warrants the conclusion, that the accident originated from the above mentioned cause.

The remedy for this evil is a newly-invented float of Mr. Symington's, by the use of which the boiler is self-supplied with water, in a similar manner to that applied to land-engine boilers. The great difficulty which has been overcome by this invention, was the impossibility of using the common float in a steam-boat boiler, owing to the agitation of the water therein, caused by the motion of the vessel. Mr. Symington's float is enclosed within a cylindrical case, and suspended from the roof of the boiler; this case is entirely close, with the exception of a small hole in the top and bottom of it, to allow the ingress and egress of the water. The case preserves the float from being agitated by the water,-a rod is attached to it that communicates with a cock in the supply pipe, and by this contrivance the boiler is supplied independent of the engineer.

The second risk of accident is by the safety-valve getting corroded and cemented to its seat. To prevent this, Mr. S. proposes to connect the valve in a simple way to any moving part of the engine, so as to give to it a slow revolving motion. This valve should be locked up in a case and loaded with a weight not to exceed the working pressure of the steam for the engine.Scotch Paper.

OPENING OF THE LONDON AND BIRMINGHAM RAILWAY.

Monday, the 17th instant, was the first day that the complete line of rail-road from the London to the Birmingham terminus was opened. The portion of the road which was traversed for the first time on this occasion was that which extends between the old station at Denbigh-hall and the station at Rugby. The station at the former place now no longer exists; but there are on this extent of 35 miles stations at Wolverton, Roade, Blisworth, Weedon, and Crick. The first train started from the Euston-square station at seven o'clock, having in the carriages the proprietors of the undertaking and their friends. The next train which was open to the public, left Euston-square station at ten minutes after eight o'clock, but did not get fairly under weigh with the steamengine until twenty-five minutes past eight. This train reached Birmingham, by the Birmingham clocks at the terminus, at ten minutes to two, but by the watches of those who went by it, at two minutes before two. Watford was reached in 38 minutes from the Euston station. The train halted there

three minutes. Tring was reached in 73 minutes, and the train halted four minutes and a half. Wolverton, the first new station, was reached by 28 minutes past 10, then the train halted 25 minutes. At this place a great crowd of persons were assembled, and preparations were made for a rural feast and celebration of the opening the line. Roade was reached at 17 minutes past 11, the train stopped 10 minutes at this station, which is 60 miles from London. Weedon, which is nine miles further, was reached at seven minutes to 12 o'clock, and Rugby, which is 83 miles from London, at half-past twelve. The train stopped here eight minutes. Coventry was reached at six minutes past one o'clock, and here the train remained for 15 minutes. The next place was Birmingham. The portion of the line just opened, from Denbigh-hall to Rugby, appears to be equally good with any other part of the road. It is in this division of the road, shortly before entering Rugby station, that the trains pass through Kilsby tunnel. It is one of the most extraordinary pieces of road in the whole line. The length of this tunnel is 2,400 yards in length, and does great credit to the skill of Mr. Foster, the engineer by whom it has been completed. The train which left Birmingham for London at half-past twelve was delayed, by some means or other, on the road for nearly two hours, in consequence of which, the train next in succession, which left Birmingham at half-past two, was delayed nearly two hours when almost close to Euston station; this last train arrived in London about 20 minutes to 10, instead of a quarter-past eight, the hour stated for the arriving in the public announcements.

It does not appear

that any accident whatever occurred on the road; indeed so excellent were the arrangements, that the possibility of accident was provided for in every way that could be imagined. The road, as most persons know, passes through six of the most beautiful counties of England-Middlesex, Hertfordshire, Buckinghamshire, Bedfordshire, Northamptonshire, and Warwickshire, and through a line of country abounding with fine prospects, historical recollections, and antiquities. One drawback to travelling by the railroad however, is, that for many miles it is so buried between lofty embankments, that nothing can be seen but the sides of the trench, and this is more particularly the case where a prospect of the seats and parks of the nobility and gentry would be most desirable. Another disagreeable is the passing through the tunnels, of which in the whole line there are seven. The road is crossed by numerous bridges, all of excellent workmanship, and some of considerable elegance. That part

of the road which has been open some time has been repeatedly described, but that portion which was opened yesterday for the first time is of course less known. One of the principal places through which it passes is Weedon. This place is 67 miles from London. The Roman Watling-street comes close to it, the rail-road of 2,000 years ago. From the rail-road the traveller looks down upon the barracks of the town, which are very spacious, containing an hospital, parade, &c. This extensive depot is, as a military establishment, not surpassed by any in the kingdom: it is capable of receiving 200,000 stand of arms. A great quantity of warlike stores and artillery are generally deposited here. The Grand Junction Canal communicates with the storehouses, and close to them the rail-road passes. The Grand Junction Canal is carried across the valley by means of a very noble embankment on the left. At Dodford, which is a little beyond Weedon, the labourers held a fête in honour of the day. There were nearly 800 persons assembled, enjoying themselves in various ways; their festivity and good humour greatly enlivened the scene. The most beautiful town, or rather city, on the whole line is, however, Coventry. The spires of St. Michael's Church, 300 feet high, of the Holy Trinity, and of the Grey Friars, are the great ornament of the neighbourhood, and are seen to great advantage from the road. There is a splendid station here, with staircases of stone, and every accommodation for the landing and departure of travellers. Taking this line of road as a whole, it is one of the most stupendous undertakings of modern times, and will ultimately lead to results of which it is difficult to foretell the extent. Human labour and human ingenuity appear to have outstripped even the operations of nature.

When the celebrated

Duke of Bridgewater was intersecting the country with canals, Brindley, the engineer, was asked in his examination before the House of Commons what he supposed Providence to have made so many rivers for? He replied, to supply the canals with water. In the same spirit it may be replied to those who ask for what were all the roads now in existence made, they were made to bring passengers to the stations of the railroads, and supply customers for seats in the interminable trains by which they are traversed.

Birmingham, Monday Evening, Sept. 17.

The first train (being of the second class), that from Wolverton, arrived at the Birmingham station-house at a quarter to 10 o'clock, having performed the distance (59 miles and three-quarters) in two hours and three

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