APPEAL COURT.

Press, Volume LV, Issue 16654, 15 October 1919, Page 5

APPEAL COURT.

(PBBSS ASSOCIATION TXLXGBAH.) WELLINGTON, October 14. The Appeal Court to-day heard a case in ro Uic Aiujcoui V\ ireiese Xeiegra-ph Com pun v, au application by tho Solicitor-ueneraJ, repressing tUe Crown, and the Registrar of Fa ten 16, tor leave to appeal against the judgment of Sir Robert Stout, Chief Justice, whereby a patent of the company was extended for » period of seven years. His Honour dismissed the motion to* rescind tho ordoi, and against this decision the Crown and Registrar now wish to appeal. Tho Solicitor-General submitted that the judgment was wrong in that the Chief Jus-

' tice had on4y taken into consideration th« ; remuneration obtained by tho company in New Zeaiand, wheieas be should hove considered. whether the company had been adequately remunerated all over tho world. Application for an extension had recently been refused iu England. I Tho patent is concerned with what is - known js the Fk>rain:j valve. The Court granted the Crown's application for leave to appeal, holding that the Registrar of Patents was entitled to ba heard, :ir.d should have been notified of'the time of tho ho.'mntr of tho petition. t The Court could only extend tlio patent if the inventor had been insufficiently rewarded. The Chief Jus- ' tiee had clearly proceeded on the basis of profits in New Zealand. The only patent had bwn refused in England, and the Crown . and the Registrar of Patents should have tho opportunity to have the matter fully discussed. In considering the question of delsv in giving notice of arpeal. it was impossible to separate the matter from the above J consideration. Tho Registrar should there- | fore have leave to appeal.