IN THE MATTER OF SHEFFIELD AND TWINDERBARROW’S PATENT

165 Vol. XLIII.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No. 5. In the Matter of Ewart's Patent. ordinary business; and that the patented cowl stood unrivf!.lled as a oowl for preventing down draught in chimneys and was of great public utility in that it cured. the smoke nuisance and in consequenee was in wide demand. Trevor Watson (instructed by Bell &; Redfern) appeared for the Applicants; 5 l>ighton Pollock (instructed by the Solicitor to the Board of Trade) appeared for the Comptroller-General. ToMLIN J.-There were no sales in 1915 to 1918 inclusive, and t-he:oo were only 28 sale•s in 1919. I think tha.t it is a case for an extension of five years. The Pa.tent having expired, t.he Order will be in the form usual under those 10 circumst·ances. 'I'he five years, of course, runs from the date of the expiry. IN THE HIGH CouRT oF JusTICE.-CHANCERY DIVISION. Before MR. JusTICE ToMLIN. 15 October 21st, 1925. IN ~'HE MATTER OF SHEFFIELD AND TWINDERBARROW'S PATENT. Patent.-Applic ation by Originating Summons for an extension of the term of the Patent.-Paten t having expired.-Loss due to hostilities.-Pa tented article manufactured for export purposes only.-Oessatio n of trade duri'YI{J a.nd after hostilities.-Fiv e years' extension granted.-Pate nts and Design<~ Acts, 20 1907 and 1919, Section 18, Subsection (6). Letters Patent, No. 14,147 of 1909, dated the 16th of Jun~. 1909, were granted. tQ George Harrrison She'ffield and James! Denis Twinderbarrow in respect of an invention of " Improvements in and connected with Bogies for " R.olling Stock." On the 15th of J un9, 1925, the Patent expired. On the 25 27th of June, 1925, the Grantees applied by Originatiing Summons for an ex~nsion of the term of the Patent. An affidavit in support. of the Application was mad(; by the Applicant, G. H. S.he:ffield, who deposed (inter alia) that the pa.tented invention was useful for systems using bogie wagons such as are common in India and in 30 certain Colonies; that in this country such wagons were not used save to a. very limit.ed extent., the small siz.e• of the wagons in common use not 11equiring the use• of bogies; that., in pursuance of an agreement made in 1907 relatmg to fut.ur:e inventions by the Applicants, the Applicants had communicated the patented invent[on to McKerrow &; Co., and had received royalty payments 166 No.5.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [Vol. XLIII. In the Matter of Sheffield and Twinderbarrow's Patent. :fi-om that firm; that. in 1915 the business of McKerrow &; Co. had been acquired by J:t'. R. Rand &; Co. Ld., which company had be,en r~oonst.ructed in 1924 and had had its name changed to G. R. Sheffield &; Co. (EngiTheers) Ld., and that the Deponent was a director of the last-named company and had been a director of F. R. Rand &; Co. Ld.; that neither McKerrow &; Co. nor their 5 successors in busineBs had thea:nselves manufactur.ed the wagons and bogies made according to the patented invention, their works not being suitable for that purpose, but tha.t they had had them manufactured by well-known engineering firms; tha,t· owing to the War the· export of he,avy machinery to India and the Colonies had been stopped, that Indian an.d Colonial railways 10 had limited their El!Xpenditure to strictly neeessary repairs, that facilities for shipping had been curtailed, and also that all the engineering firms equipped to work the Patent. had had to apply their resources to the manufacture of munitions; tha.t in about 1916 F. R. Rand &; Co. Ld. had become unofficially a oontmlled e.stablishment; that it was only recently that Indian and Colonial 15 railways had embarked upon new construction, and that the first substantial order (for 272 bogies) sinc-e the War had boon obtained in December, 1924; that the de.t·ails of bogies manufactured under the Pat~t were as follo·ws:(1909-1913) 745, (1914) 90, (1915) 116, (1916-1921) nil, (1922) 2, (1924) 272. Courtney Terrell (instructed by Wainwright &; Co.) appe,ared for the 20 :A.pplioonts; Dighton Pollock (instructed by tlie Solicitor to the' Board of Trade) appeared for the Comptrollerr-General. Terrell, for the Applicants., a.sked for an ·extension of five ye:ars. ToMLIN J.-It is the War that has cut off the Applicants' customers, and the custome,rs remained cut off notwithst.anding an armistiee for some t[me. 25 The only question, to my mind, is whether the extension should be for four or fiv~ years. I do not know whether you ha,ve any desire to say anything with regard to that, Mr. Dighton Pollock? Pollock.-We are rather inclined to lea.ve it to your Lordship, because we 30 think it. is a case in which they ought to have' an extension. ToMLIN J.-I will allow them five years. The original Patentees are the Applicants I Pollock.-Yes, my Lord. ToMr,IN .J.-This must, be in the form of a l"e-grant.  (...truncated)