IN THE MATTER OF BEST AND MARSHALL'S PATENT

8u·pplement. ] June 6, 1917] THE ILLUSTRATED OFFICIAL JOURNAL (PATENfS). 205 REPORTS OF PATENT, DESIGN AND TRADEMARK CASES [Vol. XXXIV]. In the MaUer of Best and Marshall's Patent. IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. February 15th, 1917. Before MR. JUSTICE SARGANT. IN THE MATTER OF BEST AND MARSHALL'S PATENT. 5 Patent.-Application for revocation.-Improvements in ski-cycles.-Application for revocation refused, but Specification ordered to be amended.-Appeal by Applicant to the Court dismissed.-Patents and Designs Act 1907, Section 26. On an application to the Comptroller-General to revoke a Patent No. 3022 of 1915 for improvements in ski-cycles or scooters, the Applicant relied on a Patent of his 10 No. 19,113 of 1914, and also on another Patent of his No. 17,727 of 1910. The Chief-Examiner, acting for the Comptroller-General, held, that the particular construction to which the Patentees were limited had not been patented by the A.pplicant, that the invention of the A pplicant was not part of public knowledge at the date of the Patent, nor was his Patent a pioneer Patent embodying a new and important principle. 15 He refused to revoke the Patent but directed an amendment of the Specification. On appeal from this decision to the Court, held, that it could not be said that there were not such differences in the arrangement of the Patentees' mechanism and the arrangement of the Applicant's mechanism [as would not form a defence in an infringement action by the Applicant against the Patentees, and the appeal failed 20 and must be dismissed with costs. On the 27th of August 1914 Harry Benwell Stocks applied for a Patent No.19,113 of 1914 which was granted. The Complete Specification was accepted on the 26th of March 1915. The Patent was for "Improvements in Ski-cycles or Scooters," the object of the invention being a provision 25 of means whereby a scooter might be propelled by the foot. of the user. The paltform of the scooter was arranged so that the weight of the person using it was supported on the toes or the heel resting on the platform. The scooter was provided with one or two treadles hinged to the footboard by which, and motion-transmitting mechanism between the treadles and the rear wheel, the 30 rider while balancing himself upon the scooter might use the weight of his body in propelling it. The Patentee claimed (inter alia) in a scooter, a footboard on two wheels, the end wheel characterised by a treadle pivoted upon and disposed above the footboard or platform of the scooter, and a drop plate to sustain the rider's Supplement., THE ILLUSTBATED OFFICIAL JOURNAL (PATBNTS). 206 REPORTS OF PATENT, DESIGN AND TRADE MARK CASES [June 6, 1917 [Vol. XXXIV]. In the Matter of Best and Marshall's Patent. weight, and means for transmitting the motion of the treadles to the rear wheel. He also claimed a foot space at one side of the treadle upon which the rider could sustain his weight, a quadrant provided upon the treadle and a pinion with a. oneway clutch for transmitting the motion; and also a toothed rack or quadrant (or a link) in combination with a free wheel pinion on the hub of the rear wheel, the 5 motion being transmitted to the rear wheel either directly or through a chain and sprocket gear. . On the 18th of December 1915 H. B. Stocks applied under the International Convention for a Patent for " Improvements in Scooters " No. 17,727 of 1915 as an addition to No. 19,113 of 1914, the date claimed for the Patent being the 12th let of July 1915, the date of the first foreign application which was in France. The Complete Specification was accepted on the 24th of February 19~6. On the 24th of February 1915 William George Best and Richard John Marshall applied for a Patent No. 3022 of 1915. "I'he Complete Specification was left on the 24t.h of August 1915 and accepted on the 3rd of February 1916.. The Patent, 15which was duly granted, was for "Improvements relating to Ski-cycles, also applicable to Toy Motor Cars and' similar Vehicles.'" The rear end of the skicycle was provided with a crank. A treadle lever formed with two upward projecting arms at a suitable angle was fixed to a rocking spindle at one side of the platform or base-board. The Patentees claimed " A ski-cycle provided with pro- 2() " pelling mechanism consisting of a crank at one end of the spindle of a wheel or " two-armed treadle lever located at one side of and intermediate between the " wheels at the rear of the ski-cycle, of a ends of ·the base-board of the ski-cycle " and secured toa rocking spindle with its arms projecting upwards and of a " link connecting the rear arm of the said treadle lever to the crank, substan- 25 " tially as described." On the 13th of July 1916 H. B. Stocks made an application to the ComptrollerGeneral, under Sect. 26 of the Patents and Designs Act 1907, for the revocation of Patent No. 3022 of 1915, on the ground that the invention the subject of the Patent had been claimed in the Complete Specification of a British Patent which 30 was of prior date-viz., No. 19,113 of 1914. The application came on for hearing before the Chief Examiner acting for the Comptroller-General, who ordered an amendment of the Specification but refused to revoke the Patent. At the hearing Leachman appeared for the Patentees, and O'Brien for H. B. Stocks. 85 The Decision of the Chief Examiner, so far as material for this report, was as follows:-" Application for an Order for Revocation of Patent No. 3022/1915 " granted to Best and Marshall (hereinafter referred to as the Patentees) is made " by H. B. Stocks (hereinafter referred to as the Opponent) on the ground that " the invention has been claimed in his Specification No. 19,113 dated the 27th of 40 " August 1914." Mter stating that the Opponent had obtained leave to add as an additional ground for revocation that the Complete Specification described or claimed an invention other than that described in the Provisional Specification, and that such other invention formed the subject of an Application made by the Opponent in the interval between the leaving of the Provisional Specification and 45 the leaving of the Complete Specification-viz., Application No. 17,727, which was filed in this country on the 18th of December 1915 under the International Convention, the date claimed being the 12th of July 1915, the Decision proceeded: " The inventions relate to those small toy vehicles known as ski-cycles or scooters " (hereinafter referred to as ski-cycles) which have a low platform or base-board 50 " wherein the rider places one foot while he strikes off from the ground with the " other foot. The Specifications relied upon by the Opponent describe various " forms of treadle driving-gear applied to these vehicles. The Patentees' Specific- 8unlemmt.] June 6, 1917] THE ILLUSTRATED OFJrICIAL JOURNAL (PATENTS). 207 REPORTS OF PATENT, DESIGN AND TRADE MARK CASES [Vol. XXXIV]. I n the Matter of Best and Marshall's Paten (...truncated)