DICKV.TULLIS AND SON
Reports of Patent Design and Trade Mark Cases
Patent.:-Process.-COmlJosite belts impreqnaied uiitli qutca-percha solution, 10 -Infringernent.-Prior lJubl£cat£on.-P11'ior user.c-Sufficiencu of evidence of prior use. D., a manufacturer in GlasgouJ,uias in the right of Letters Patent (No. 12,254* of 1885) for "Tmprooeme nts in the manufacture of driving belts or .fiat bands, " and in the means or apparatus emploued," The object of the invention was 15 described to consist " in formiru; composite belts or flat bands from canvas or '<stroru)
... reri cotton fabrics by t1'eat'ing the fabric in the web uniti gutta-" percha solution,. . . and.then in folding the fabric into the required breadth " and the required number 0.1 plie« or thicknesses, with or ioithout the addition " of a layer or lcuters of quttu-perch.a or quiia-perch.a compounds, preferablu 20 " bettoeen each alternate layer of the canvas, and on one side of the complete "belt." Arnonq the claims were made claims-Cl) For the manufacture and construction, and mode of construction, of flat belts or bands out of cotton, can/vas, or other stronq woven 'loeb fabrics prepared with gutta-jJercha solution, and (8) The heating and the doubling or foldiru) and rolling ofuutta-percha, 25 solutionised webs, or cut strijJs of these uiebs, into .flat belts or' bands for transmitting motion or poioer. The process as described consists in laying 011 the surface of canvas, suitable for belting, qutta-perch.a solution, put on by a brusli by hanrl.'1"lte canvas is then passed along over rollers and made to moue upioards in front of an OjJen fire, a uiire qauee screen being interposed to prevent danger 30 from ignition. It is, uihen. heated, passed over a set of rollersc and 'is thus dried, and is then coiled on a reel. vVhen the canvas is thus dealt with on one side, the operation. isrepeated on the other. The canvas is then cut into. belts, and if belts of more than one thickness of material are to be made, the material is folded down to the requisite number of plies. The canvas is passed through 35 a heated chamber to soften the gutta-JJercha 'with iohic)i it has been impregnated, and, uiith. or without the addition. of u'utta-percha layers betioeen the folds, is folded longit1ldinally and pressed together betioeen. rollers. D. manufactured belts of this description for several years, 'when he found that T. and Son ioere in/flinging. 'C Ti amdSor: attacked the patent as beir~g bad for ioan: of specification, and, as hat'z~)~g been _(tnlicipated by prior publication. and, prio1/1 user. .The. main by guest on June 5, 2016 http://rpc.oxfordjournals.org/ Downloaded from R~PORTS OF PATENT, 'DESIGN, -~[April~2, 1896.-Dick v, Tullie and Son. contest was 1lpon prior publication and prior user. They averred that in their oum premises they had used a qiuta-percha. solution lor the same purpose and untli the same effect for a period of three years, and sold the belts thue produced to the extent of at least 100 per rinnurn for three years. Secondly, the different features iohicti D. claimed existed in a variety of patents uiliicli 5 he named. D., on the other hand, defended his patent, maintaininq, firstly, that his process was a good combination. oj the different features described in the others. Secondly, in regard to prior user, that was souohi to be made out by the evidence of one witness,' or at most two,' and both oj them Respondents, 'who were therefore interested parties, and required corroboration 10 either Trom persons associated with them in -the manufacture alleged, or in documentary evidence of sales, and parole evidence of the persons to tohom such sales had been made.