IN THE MATTER OF AN APPLICATION OF BETTINGTON BOILERS LD. AND OTHERS AND IN THE MATTER OF LETTERS PATENT NOS. 16226 OF 1905, 19501 OF 1906, 24637 OF 1908, AND 13960 OF 1909

Supplement.] Oct. 12, 1921.J THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [Vol. XXXVIII] 349 REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [No. 12.] In ih e Ma,tter of an Applica,tion of Bettington Boilers Ld. IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Before MR. JUSTICE SARGANT. July 8th, 1921. IN THE MATTER OF AN A~PLICATION OF BETTINGTON BOILERS LD. AND OTHERS and 5 IN THE MATTER OF LETTERS PATENT Nos. 16226 OF 1905, 24637 OF 1908, AND 13960 OF 1909. 19501 OF 1906, Patents.-Extension.-Application by· Originating Summons.-Loss due to hostilities .-" Patentee as such."-One Patent e:xpired.-Other Patents having 10 »arioue periods to run.-Th1"ee Patents extended.-Term.s of extension.Paienis and Designs Acts, 1907-1919, Section 18, Sub-section (6). In 1905 a Patent for an invention relating to " Improvements in, and relating " to, Furnaces for Burning Puloerulerii Fuel and for Treating Pulverulent " Ores" was granted to R.and C. B. In 1906, 1908 and 1909 Patents relating 15 to the same inoeniion. were granted to C. B. The development of the invention was carried out by C. B., A. V. B., Al. B. and E. B. Tn 1912 C. B. died and his iniereei in the Patents became vested in A. V. B. In 1913 a company, B. B., was formed to carry out the development of the invention. The bulk of the shares in B. B. were held by A. V. B. and E. B., both A. V. B. and E. B. 20 devoting their time to the interests of the company. R.' s Interest in the invention was satisfied by the issue to him of shares in B.B. In 1913 B.B. granted an exclueioe licence to F. & O. Ld. and undertook to assist in the development of the invention. On the outbreak of war A. V. B., E. B. and Al. B. joined His Majesty's Forces. ~4l. B. was killed on service and 25 A. V. B. and E. B. served throughout the war. During the whole period of the war F. &; C. Ld, were engaged on special war work and were unable to attend t.o the invention. In. 1919 the Patent of 1905 expired. A. V. B. was the registered owner of the unexpired Patents. On an Application by Originating Summons for exieneion: of the Patents- 30 Held, that A. V. B. had suffered loss as Patentee; that, as the result of the war, four and a half years had been blotted out of the useful life of the original Patent and of the Patents of 1906 and 1908, and that the terms of those three Patents ,ought to be extended by four and a half years. Held, also, that the same terms as those contained in Rule 62 (1) (2) and (3) of the Patents Rules, 35 1920, and not merely those contained in Rule 62 (1) should be im.posed: In the Matter of Hope's Patent (1921) 38 R.P.C. 152, and In the Matter of Petersen's Patent (1921) 38 R.P.C. 267 diecueeed: 2 C Supplement. J 350 THE ILLUSTRATED OFFICIAL JUURNAL (PATENTS). REPORTS OF PATEKT, DESIGN, AND TRADE MARK CASES [Oct. 12,1921. [Vol. XXX VIII]. In the Matter of an Applictuion. of Beiiinqion. Boilers Ld. On the 9th of ;August, 1905, Letters Patent (No. 16226. of 1905) wer~ gran~ed to Anthony Maurice Robeson and Glaude Albermarle Bettzngton for an invention of " Improvements in, and relating to, Furnaces for Burning Pulverulent Fuel " and for Treating Pulverulent Ores." The following Patents were granted to Claude Albermarle Bettington, namely, on the 31st of August 1906, 5 Letters Patent (No. 19501 of 1906) for an invention of "Improvements "relating to Steam Generators, " on the 16th of November, 1908, Letters Patent (No. 24637 of 1908) for an invention of "Improvements in and relating to Apparatus for Pulverising Coal " and other Materials," and on the 14t,h of June, 1909, Letters Patent 10 (No. 13960 of 1909) for an invention of "Improvements relating to Steam " Generators." All four Patents were concerned with a special construction of steam boiler designed to consume coal and other fuel in a condition of dust. and known as the " Bettington Boiler." On the 8th of August, 1919, the 1905 Patent expired. The Applicant Arthur Vere Bettington was the registered 15 owner oft,he unexpired Patents. On the 8th of J anuary, 1921,' Beltington Boilers Ld., Arthur VerB Bettington, and The General Electric GompanyLd. applied by Originating Summons for an extension of the Patents. The evidence was to the effect that the grantee Claude Albermarle Bettington 20 and Egerton Bettinqion were actively engaged in developing the invention, the subject of the Patents, from its inception, and that they were subsequently joined in so doing by Arthur Vere Bettington and AylTner Bettington; that in 1912 Claude Albermarle Bettington died, and by his will his interest in the Patents became vested in Arthur Vere Bettington; that, in 1913.n. company, 25 Bettington Boilers Ld., was formed for the purpose of developing and exploiting the invention; that the bulk of the shares in B ettington Boilers LeI. were held by Arthur Vere Bett£ngton and Egerton Beitinqton.; and that until the outbreak of war Arthur Vere Bettrington was managing director of the company and he and Egerton Bettington devoted their time to the business of the conlpany; that, 30 the co-grantee of the 1905 Patent, Anthony Maurice Robeson, had never taken any. active part in the development, of the invention, and his interest in the 1905 Patent had been satisfied by the issue to him of shares in B ettington Boilers Ld.; that in 1913 Bett'ington Boilers Ld. granted an exclusive manufacturing and selling licence to Fraser and Chal.mers Ld., and undertook to- afford the licensees ,3.5 all assistance and information and to supply working plans ; that immediately on the outbreak of war Egerton Bettinqion.; Aylmer Bettington and Arthur Vere Bettington joined His Majesty's Forces; that Aylmer Bettington was killed on service. and Egerton Bettington and Arthur Vere Bettington served throughout the war; that during the whole period of the war Fraser and Chalmers Ld. were 40 engaged on special war work, and owing to that, and to the brothers Bettington being on service, the development, and exploitation of the invention could not be proceeded with ; and that in 1919 the General Electric Company Ld. having pur~hased a great part of the assets of Fraser and Chaimers Ld., Bettington Boiler» Ld. consented to an assignment of the licence to the General Electric 45 Compa'ny Ld. Affidavits in support of the Application were made by Arthur Vere Bettlngton and by WalterMcDern~ott (managing director of Fraser and Chalmers Ld. and liquidator in the voluntary winding up of that company). .R. Moritz (instructed by Holmes Son & Pott) appeared for the Applicants ; Dlghton Pollock (inst.ructed by the Solicitor to the Board of Trade) appeared 50 for the Oomptroller-General. Supplement. ] Oct. 12, 1921.J THE ILLUSTRATED OFFICIAL JOUItNAL (PATENTS). 251 -------------------------------REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XXXVIII]. In the Matter of an Application of Bettington Boilere 1.id. Moritz for the Applicants.-B ettington is. the Patentee; but the person entitled to be (...truncated)