ABOUT A BOILER.

Evening Post, Volume 27, Issue 77, 27 September 1907, Page 6

ABOUT A BOILER.

. AN APPEAL CASE. An appeal from the decision of the Registrar of Patents delivered on the Ist May, 1907, in which ho granted the application, of Henry Storey, of Auckland, for a patent and awarded costs against Ivor Evans, who opposed the application, was heard by the Chief Justice this morning. Mr. Skerrett, K.C., with Mr. Neave, appeared for the appellant Evans, and Mr. Morison for respondent. The grounds for appeal, as stated by counsel, were that the Registrar had erroneously decided that the invention, dealing with domestic boilers, was original, and that the applicant was the first and true inventor. Counsel pointed out that the invention had been published and used in New Zealand prior to the application of the respondent Storey for letters patent. He considered that but for what he alleged were micstatements by a certain witness in the case before the Registrar, the appoal would not have been needed. An article almost identical with the invention had actually been sold. Herbert Heinrich Reemers, agent, Auckland, gave evidence of a circular published in 1905 and illustrating in a diagram the essential features of the invention in question. With a Mr. De Baugh ho made efforts to market the boiler which was referred to in the Dairyman's Journal. He had a boiler made in April. In answer to Mr. Morison the witness stated that he had applied for a patent for tho coil used in the boiler, though he was not the inventor. He had no idea until about that time that the coil required to be covered by letters patent. William Menzies, master coppersmith, Auckland, deposed that on 21st May, 1905, he made one of the boilers de-"J scribed. Several boilers with coils at- ! tached were made at intervals until j January, 1906. He had not been cautioned to secrecy in the manufacture of the boilers. He had never seen Storey in connection with these matters. John Clark, clerk in the order office of the New Zealand Herald, gave evidence of an order for circulars identical with those in question, received on 21st November, 1905, from Mr. De Baugh', and' in May, 1906, he received a similar order from Mr. Storey with but slight alterations in the blocks for the illustration. Ernest Clifton Beale, a member of the committee of the Eden Cricket Club with headquarters at the Kingsland Cricket Ground, deposed that Mr. Do Baugh gave the club &, boiler in 1904 but subsequently a second boiler was donated by Mr. De Baugh, like the boiler illustrated. The date was certainly prior to 10th February, 1906. Mr. Skerrett asked for an adjournment to get evidence of a sale of the boiler. The application was granted. On the court resuming this afternoon Mr. Morison, who appeared for Storey, indicated that he did not desire to proceed further; but he contended that the nature of the case was such that costs could not be claimed by' appellant. His Honour, however, stated that it had been customary for many years to grant costs in such cases, and ho therefore decided the case in favour of tji3 appellant Evans, £10 10s costs, wit ness's expenses to be fixed by the Reg istrar.