IN THE MATTER OF INGLIS'S PATENT

Supplement. ] May.23, 1917] THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). 157 [VoLXXXIV]. REPORTSOF PATENT,DlJIJIGN AND TRADE MARK C~ES. [No.8.] In the Matter of Inglis's Patent. IN THE COURT OF SESSION IN SCOTLAND.-OUTER HOUSE. Before LORD DEWAR. January 30th and 31st, and February 13th, 1917. IN 5 THE MATTER OF INGLIS'S PATENT. Patent. - Prolonqation, - Mer-it. - Inadequate remuneration.- War. stopping trade.-" Exceptional cases" under Section 18 (5) :of Patents &c. Act 1907.-Seven yea·rs extension granted. A Patent No. 5939 of 1903 was granted to I. for" Improvements in and relating " to Eire-tube Steam Boilers of the Marine or like type." A Petition for extension 10 of the term of the Patent was presented by the I. B. Syndicate l.d. and I. The Patent embodied a new arrangement of old ideas which was of real value to the public. -The Patentees had incurred a loss of 800l. due mainly to the expense of mak1:ng and testing an experimental boiler,and of trial installations. As the result of these experiments, but only after much time had been spent thereon, the merits of the boiler were recognised 15 by the public, and a substantial demand therefor arose shortly bejore the outbreak of war in Auqust 1914. Owing to difficulties created by the war, the trade in the patented boilers ceased. Held, that there were merit and inadequacy of remunenuion ; but that the present uias not one of the exceptional cases referred to in Section 18 (5) of the Patents and 20 Designs Act 1907, in whfich the term of the Patent might .be extendedfor fo·urteen years. Seven years' extension was granted. On the 14th of March 1~03 Letters Patent (No. 5939 of 1903) were granted to Gardiner Inglis for" Improvements in and relating to Fire Tube Stearn Boilers of ... the Marine or like type." The Complete Specification was as follows: 25 " This invention has reference to improvements in and relating to fire-tube " steam boilers of the marine or like type, and is particularly suitable where forced " or induced draught is used, and has essentially tor its objects to give the following' " advantages :-(1) Improved combustion of furnace gases or fuel; (2) Delivery " of the gases from the furnaces to the fire tubes of boiler at a uniform temperature; 30 "(3) When working with forced or induced draught; to prevent the gases when " they reach the tubes of being at such a temperature as would injure or cause " damage to the tube ends; (4) To prevent clinker or other partially burnt fuel " from being forced into the tubes and on to the tube plate in such a manner as " would cause serious obstruction; (5) To prevent cold air from reaching the tube 35 "platewhen the furnace doors are open while charging the furnaces with fuel; and " (6) to reduce the terminal temperature of the gases as they come to the uptake. N Supplement. ] 158 THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [May 23, 1917 REPORTS OF PATENT, DESIGN AND TRADE MARK CASES [Vol. XXXIV]. In the Matter of Inglis's Patent. " My improvements essentially consist in combining with the ordinary forward " or primary furnace flues and back combustion chamber of boiler, a return or " secondary combust/ion flue, or chamber, so that the gaseous products of com" bustion shall be brought to a further chamber located at the front end of boiler, " and then pass through the fire tubes to the uptake; the fire tubes being secured 5 " at their ends to, and carried by, the front and back end plates of boiler. " And in order that my said invention and the manner of carrying same into " practice may be properly understood, I have hereunto appended three sheets of 4' explanatory Drawings, in which Figure 1 is a longitudinal vertical section of a " steam boiler of the marine type, showing the application of my improvements 10 '" thereto. " Referring to these Drawings :-----Within the shell A of the steam boiler there '" would be fitted at its lower part any desired number of corrugated or other flues " B carrying the fire-grates C. The usual combustion chamber D would be fitted " at the rear part of boiler. By my improvements I lead one or more, but pre- 15 "ferably one large flue or chamber E from the upper part of the combustion " chamber D to the front ·end of shell A of boiler,and communicating with a " chamber or casing F located at the front of boiler. This casing F would pre" ferably be lined with fire-brick FI and be fitted with any ordinary formed door " or doors. The fire tubes G would extend from this chamber F to the uptake 20 '" H and be secured at their ends to the front and back end plates Al A2 respec~, tively of shell A of boiler. " By this improved construction of steam boiler the gases from the furnaces C " would pass through the primary flues B into the combustion chamber D, from " whence the combined gases would pass through the secondary combustion flue 25 " or chamber E to the front chamber F and from thence through the fire tubes G " to the uptake H. The upper steam space of boiler would be fitted with the " usual rod stays I. The Patentee claimed :-" First. A steam boiler of the marine or like " type having primary flues and a secondary combustion flue or chamber 30 "and their connecting parts arranged and combined substantially as herein '" described in reference to and shown in the 'accompanying Drawings. "" Second. In steam boilers of the marine or like type, the combination with ." the ordinary forward or primary furnace flues and rear combustion chamber, " of a return or secondary combustion flue or flues or chambers, so that the 35 " gaseous products of combustion shall be brought to a chamber or casing located '" at the front end of boiler and then pass through the fire tubes to the uptak e , " substantially as herein described in reference to and shown in the accompanying " Drawings. Third. In steam boilers of the marine or like type, in com" bination with a return or secondary combustion flue or chamber and a chamber 40 ." or casing located at front of boiler, arranging the fire tubes between the front '" and back end plates of boiler, substantially as herein described in refer.q ence to and shown in the accompanying Drawings." On the 3rd of July 1916 a Petitionfor the extension of the term of the Patent was presented by Gardiner Inglis and the Inglis Boiler Syndicate Ld. The Petition stated 45 (inter alia):-' 'That the Petitioners the Inglis Boiler Syndicate Ld. (hereinafter styled " 'theCompany '), are the assignees of the other Petitioner Gardiner Inglis (herein" after referred to as ' the Inventor ') to the British Letters Patent No. 5939 of "1903. . . . (3) That prior to the date of the Petitioners' said Letters Patent, " proposals had been made and patented wherein combustible gases from boiler eo " furnaces had beenmade to pass three times through the boilers. But the con" struction of the boilers and cycles of operation in combining and heating the " gases and distributing the heat were entirely different from (...truncated)