Supreme Court.

Dominion, Volume 1, Issue 3, 28 September 1907, Page 8

Supreme Court.

APPEAL UPHELD. | His Honour, the Chief Justice (Sir Robert Stout), was occupied yesterday "ivith the case Ivor Evans (of Auck-land)-v. Henry Storey (of Auckland. This was an appeal from the decision of i.ho Registrar of 'Patents, delivered on May 1, 1507, whereby Storey was granted letters patent for' improve-' 1 monts in boilers and awarded costs against Evans, who opposed the application. Mr. Skerrctt, K.C. (with- him ■ Mr. Neaves), appeared for Evans (the appellant), and Mr. Morison for Storey (the 1 espondent). The grounds of the 'appeal were (1), .that the Registrar erroneously decided that Storey was'lhc- true and first inventor of the alleged invention or iuipiovements; (2), thai- the Registrar crronejush- decided thai, the invention was not published and publicly used it- Nov Zetland, prijr to the datc',of tho application; (H), that the invention was, previously to the application for [jctfrs patent, published in New Zealand by tho manufacture.", and that, there- vere on sate iii A.ucklaad .nid elsewhere boilers for washing clothes 'or steaming purposes, containing all or essentially all the elements of tho alleged invention; (I), that the kettle and coil forming'the subject,matter of letters patent .No. 15, 141, was an anticipation of Storcyjs boiler and coil; and, \a), that/the specifications, accoinpany--mg Storey's application for ■ patent did: not 'particularly, describe '<tud.ascertain the nature of the alleged invention, and ill iwliat .manner the i.inic was to be perforin*!," ami that in other respects-Mie application was.insuincient. and ambiguous and framed to niiilcad. ' i. Couiisil for appellant called Mr. A. iteimors (agent), \Villiam Menzics (master coppersmith), - Joiin Clark (secohd-in-chiirge of oruih- Ueptartmeut in the 'New Xicaland >lcrakt"i oliice),v and E. (J. Beale (solicitor). . Whei the court resumed in the aftsr-, noo/i, Mr. Morison, far the resp indent,' said that, afier tonv.deiing tlia .:videuce led, he did not feel justified in pioceeding further. . ' ! Mr." Skerelt, 'K.&, counsel for rlic ap pellant, applied for i-osts. ■Mr. Morison submitted that the court had '.'O 'power to gri'at' IHo ret)nest. Mis Honour the Chief Justice said lie did not. intend to depart from a practice which, had been in vogue' for twenty years. Jf the court had.-no power, to grant costs in cases of.'the kind, .it should be so ' laid down ■ bythe Court of Appeal., Respondent woulil be 'required to pay.tdit guineas costs,'iii addition to witnesses's . expenses .'and disbursements. ; '. : . '' , , IN CHAMBERS:. Sitting' in Chambers, His Honour, Mr. Justice Cooper yesterday granted motions for jirobate in tho estates of the following, deceased, persons: \Yilloughby Brassey, Christopher Simpson (Eeilding),' and William. Coombs . (Palmcrston North).' Letters *of administration, in the c'state of George Henry Asher were also granted.