THE CYANIDE PATENT.

New Zealand Herald, Volume XXXIV, Issue 10417, 15 April 1897, Page 5

THE CYANIDE PATENT.

THE CASE BEFORE THE SUPREME COURT. A SUGGESTION BY THE JUDGE. (BY TELEGRAPH.—OWN CORRESPONDENT.] Wkllisotos, Wednesday. The hearing of the Cyanide patent case was continued before Mr. Justice Edwards today. Counsel were heard during tbe morning on both sides. Sir R. Stoat said the only objections to the amendment asked by the appellant lnieht be said to be that it was either a useless invention, or that something different from what was contained iq the speculation was demanded. That it was not a useless invention was clear from the statement of one of the witnesses that it had saved £600,000 worth of bullion in the. district of Auckland alone. There was nothing different asked for. The original specification covered the extraction of gold by cyanide, and the English Court of Appeal allowed the patentee to disdain) strong solutions of cyanide and to employ it and other aubitances for producing cyanogen, and applying the composition to the solution ot gold iu the ore. It had been said that oyanogen would unt dissolve metallic gold, but. the witnesses could not give any positive evidence as to its effect upon gold ore. The English court had allowed an amendment providing for the "dilute" solution of cyanide, nnrt the appellant simply sought an ame%linent of the specification in New Zealand to give the appellants the same advantage in this colony. This not differentiate tho patent from what was claimed jn the specification. The fact of using "cyanogen gas," or substances whioh produced J' cyanogen gas," pointed direotly to the limitation of the quantity of cyanide that could be used. No one would uso more than was necessary for the purpose. The language pointed to a " dilute" form in which cyanide should be applied. This invention could not be called an unprofitable or barren generality. On the contrary, the invention or discovery, whiohover it might be called, had revolutionised the treatment of ores containing the preoioua motals. The question waa whether the patents could disclaim or abandon strong solutions and stand by a dilute solution, whioh the English Courts allowed by granting the amendment asked for.

Mr. Tlieo. Cooper naked the attention of the Court, particularly to tho specification. Uynogen was the active principle of the patent. The invontion consisted m adapting cynogen to the purpose of obtaining the precious metals from the oros which contained thorn.

His Honor: Subject to what may bo said by the respondents, it would appear (hut the specification not only provides that cynogeu is to lie used, but that certain substitutes may be need to produce the nynogen. Mr. Cooper said it was staled that this amended specification could not be worked by an ordinary poreon. But what was meant in the specification was a. person of ordinary skill in manipulating these chemical processes It did not mean a carpenter, a bricklayer, or oven a working miner: but a person capaple by virtue of his ordinary avocation to apply such chemical substances to the purposes for which they were to be used, Mr. Button said the appellants claimed for cyanogen and all its compounds. It was a matter of common knowledge before this patent was grunted that oyanido of potassium would dissolve gold. There was no dispute about that. It was on cyanide of potassium that the appellants based their claim. There was an essential difference in the oUim made before the English Court and the specification as amended for which a patent was asked in New Zealand. There win nothing in the original specification which provided for the proportion of which dilute solution was to consist. This was arrived at by assays and experiments. Everyone had a right to make assays and determine the proportions for himself. The claim of the appellants was vague to begin with. New words had been introduced in the specification for amendment, which were not in the original specification, and which operated as an enlargement, extension, or difference. It was obvious that the idea of cynogen was an afterthought. Thu fact was, the English specification wae filed eight months alter the date of filing in New Zealand. The claimants had evidently discovered that the selective action of the component parts was a matter of great importance to them. The equipollenoy of the component parts was not in their mind. A very eminent chemist had been before the Court, and the selective action as scoured by the proportion!) was by no means known to him. A chemist had been engaged upon these processes for fifteen months, and know nothing of the equtpollency of the variety of proportions. An expert declared that nobody could have thought that a weak solution could have more effect than a strong one. The whole thing was an after thought. That was clear from the evidence. Nothing appeared to be knowii of the, quantity of water which produced the different strengths, The witness (Mr. Banks) described how ho had arrived at the proportions, viz., by assays and experiments. He had a right to make those experiments and co use the results. The first patent was a bald patent; but when the original patents and the amendment were read together it could be seen that the object was to get the benefit of a patent which missed the very thing that was most sought. They had no right to claim what they had missed, and in seeking this amendmen', thoy were simply standing between the public and the advantages which must accrue from an important industry, They had no right to prevent others who had not failed to discover the true solution of this difficulty, and thus obtain (he result of the invention of others, Mr. Hall also addressed the Court against the amendment. Hi« Honor said: The parties in this case are. I understand, not likely to appeal. It will hardly be satisfactory to either party if one judge should decide this question without any further opportunity of reviewing the decision. I should like to make the suggestion that this might lie submitted to the judges of the Supremo Court in a full court. The judges sometimes will sit in important cases where there is no appeal to he had. This is a most important ease, and I think it would be most satisfactory if such a review of my decision oould be obtained. I simply throw this out as a suggestion to the parties. His Honor reserved judgment.