Ferranti's Patent.

facts which are not disclosed and which ought to be disclosed (Clark's Patent, 7 Moo. P.C. (N.S.) 255; L.R. 3 P.C. 421).

Moulton, K.C., for the Petitioner.-The facts have been fairly stated by Counsel for the Crown, and the explanation is that this was a private Company formed by the Petitioner and Mr. Ince, his father-in-law, who was financially 5 interested in the Petitioner's undertakings. By clause 9 the Patents were in certain events to revert to these gentlemen, and Mr. Ferranti has all along regarded himself as the Company, having the complete control both of the Company and of the Patent. So much so was this the case that it was only within the last few days that he informed his legal advisers of the actual legal 10 state of affairs.

Lord HOBHOUSE.-Their Lordships will advise the dismissal of the Petition with costs, but there being three sets of Opponents there will only be one set of costs between them.

Electrolytic Plating Apparatus Company, Ld. v. Holland.

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IN THE HIGH COURT OF JUSTICE.-KING'S BENCH DIVISION.

Before MR. JUSTICE RIDLEY.

November 4th, 5th, and 6th, 1901.

ELECTROLYTIC PLATING APPARATUS COMPANY, LD. v. HOLLAND.

Patent.-Action for infringement.-Validity.-Prior user.-Experimental user. Want of subject-matter not raised in Particulars.-Patents, &c. Act 1883, section 29.

The owners of a Patent for "Improved apparatus for the electro-deposition of "metals" brought an action for infringement against H. & Co., who denied 10 infringement, and attacked the validity of the Patent on the grounds (inter alia) of anticipation by prior publication and prior user. The question of prior user was the main issue at the trial. Dr. B., some years before the date of the Patent, had used an apparatus similar to that of the Plaintiffs for coating rifle bullets with nickel. The Plaintiff's contended that this was merely an 15 experimental user.

Held, that the Plaintiffs' Patent was not anticipated, either by the Specifications cited or by Dr. B.'s user, which was merely experimental, though his apparatus was identical with the Plaintiffs'.

Semble, evidence may be given of want of subject-matter, though it is not 20 alleged in the Particulars of Objections, the objection of want of novelty being sufficient to cover it.

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In March 1896 Letters Patent (No. 5274 of 1896) were granted to A. S. Smith T. A. Smith, R. J. Smith, S. Smith, and T. Deakin for "Improved apparatus "for the electro-deposition of metals."

The Complete Specification was as follows:-"This invention relates to an "improved apparatus and process for the electro-deposition of metals upon "various articles, and the object of our invention is to 'bright-plate' the said "articles so that no subsequent process is required to give them the desired. “brilliant and mirror-like surface. Hitherto, articles upon which a deposit of 30" metal has taken place have been brought out of the electrolytic bath in a dull "or unpolished condition, and then subjected separately to another process for polishing or burnishing them.

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Now by our invention the articles to be treated are placed within a "revolving barrel, hollow drum, or container, suspended or supported within 35"the electrolytic bath and, during the time that the deposition of the metal is taking place, subjected to a rolling over and over or shaking process which gradually, effectively, and completely polishes brilliant their surfaces. The "revolving barrel, hollow drum, or container, which is mounted centrally upon "a long insulated metal sleeve, is made of non-conducting material, and its

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Electrolytic Plating Apparatus Company, Ld. v. Holland.

"walls are perforated or pierced in such a manner as to entirely allow the "solutions to freely circulate through the same, and to act upon the work "contained therein. The said long sleeve with the barrel or drum carried by "it, as aforesaid, is fitted to a central metal (preferably copper) rod, bar, or 66 carrier, suitably supported within metallic bearing brackets clothed in wood 5 or other suitable insulating material, and fitted at equi-distant points in its length with copper contact arms, which latter are mounted in such a manner 66 as to be in intimate contact with the articles contained within the barrel or "drum, so as to act as channels for the passage of the electric current to the negative pole of the generator.

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"In order to particularly describe our invention and the manner in which "the same is to be performed we annex herewith a sheet of drawings made upon a small scale from a full sized working model. In this sheet Fig. 1 "illustrates a longitudinal vertical section of an electrolytic bath constructed, "arranged, and fitted, for the deposition of nickel according to our invention, 15 "the apparatus being supported therein so that its operative portion (and 66 preferably the whole) is within the solution. This view clearly illustrates "the perforated and revolving barrel, hollow drum, or container, wherein the "work is placed, suitably mounted and insulated by wood coverings, and also "the means for rotating or driving the same. It will be observed that the 20 "anodes are slung upon their supporting rods around the inside walls of the "vat or tank in the ordinary manner, and that nothing is contained within the "interior of the barrel or drum to interfere with the continued rolling over and over movement of the articles placed within. Fig. 2 is a transverse vertical section taken upon the dotted line A, Fig. 1, illustrative only of the revolving 25 "barrel or drum and its cognate parts. Fig. 3 represents an end elevation of "Fig. 2, and Figs. 4, 5, 6, and 7, are views showing, respectively, one of the copper contacts, and the insulating distance pieces. The same letters of "reference are used to indicate corresponding parts in the whole of the figures "of the sheet of drawings.

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"The vat or tank a for containing the solution is composed or built up of "sides a2, ends a3, and bottom or base a, in the ordinary manner, and is "provided with anode supporting rods b, one only of which is illustrated. The

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anodes, which are marked b2, are suspended to the rods b in the ordinary manner by hooks 3, the positive wire k being also connected thereto by a 35 "terminal 2. Suspended by means of rods, chains, or their equivalents c from "suitable pullies, through the intervention of hooks c3, or otherwise supported, "is a horizontally disposed metallic rod d, having connected at its extreme ends "hangers or brackets d2, for supporting a horizontal rod, bar, or their equivalents f, around and upon which a barrel, drum, or container g is placed, and revolves 40 "as hereinafter described. These hangers d2, which are adjustably connected "to the rod d, are constructed from copper, and those parts of them which are "immersed in the solution are covered up by wooden sheaths e, each of which "is made in two halves to allow of easy fitting. The lower parts d3, of each of "these hangers d', are fashioned into bosses, and are fitted with a screwed hole 45 "d, for the purpose of accommodating like screwed ends of a copper "rod, bar, or their equivalents f, around and upon which the barrel, drum, or container g revolves. This said barrel, hollow drum, or container 'g, within which the articles to be nickelled are placed, is made octagon in cross sectional shape, and built up of a number of wooden staves g2, connected 50 "to ends g3. Each of these wooden staves has holes or perforations g1 at equi"distances apart throughout its entire surface, and one of them g3, is made "removable for the putting in and taking out of the articles under treatment, "thumb nuts and screws g being provided for the purpose. A wooden partition "is fitted cross wise within the interior of the barrel g to prevent the work 55 "contained therein from getting crowded at either end, and the said barrel is fixedly connected to and carried by a metallic tube or long sleeve h, through

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Electrolytic Plating Apparatus Company, Ld. v. Holland.

"the intervention of metallic fittings h2, insulated from the solution by wooden "bosses h3.

"The long sleeve or tube h, which constitutes a hub to the barrel or drum g, is "made to fit over the central rod f, and is provided at equi-distances in its 5" length with copper contacts i, spaced by insulating pieces m. These copper

"contacts i are made in the form of a ring i2, with an extended portion i3, the "first-named part being fitted into a recess m2, made to receive it in the side of "the insulating distance piece m, and the said contacts i are loosely fitted on to "the tube or sleeve h, and constitute channels for the return of the electric 10"current to the generator, the greater part of them always being in contact with "the work or articles contained within the barrel or drum. A band n, for rotating the drum g, works around the outside of the same, and over the

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"sheave of a pulley o, driven by another band p, through the intervention of a pulley 7, the said pullies being supported from the horizontal carrier rod d 15" by depending brackets s, s2, the band p coming from some motive power. A "terminal t, for the connection of the negative wire 12, is fitted to the carrier "rod d. The drum g containing the articles under treatment rotates at various speeds, according to the size of the drum, and the class of work under operation, and to effect this speed pullies or other means may be employed.

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"OPERATION.

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"The articles to receive the deposit of metal or to be bright-plated' are "prepared for plating in the ordinary manner, and are placed within the hollow "interior of the barrel or drum g, by way of the removable stave g5, at a time

Electrolytic Plating Apparatus Company, Ld. v. Holland.

"when the same is lifted from the vat by the suspending means c. The drum

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or barrel is then placed in the solution, and a revolving movement communi"cated to it by the bands p and n. The current is then sent through the "solution and back to the generator by means of the contacts i, sleeve h, rod ƒ, "hangers d2, rod d, and negative wire t2.

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"It will be seen that our invention can be easily and at small expense applied "to existing electrolytic vats, and that all kinds of articles capable of rolling over and over upon themselves in a drum can be effectively operated upon; "the details of the apparatus being modified to suit their size, shape, and "character.

"Instead of the drum g and its cognate parts being suspended in the "electrolyte, (as shown in the drawings) the same may be supported upon the "sides of the vat by extending the rod d, as shown in the dotted lines, whilst a "gyratory, oscillating, or other movement, may be compounded with the "rotation of the said drum to effect the purpose.

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"Having now particularly described and ascertained the nature of our said "invention, and in what manner the same is to be performed, we declare that "what we claim is: First. In an electrolytic tank furnished with anodes, the "use of a perforated, revolving, horizontal drum, cylinder, or the like, to "contain the articles to be plated, the said articles being brought into the 20 "effective electric circuit, so as to receive a deposit, by contact (either directly, or through one another, or through metallic contact arms, or their equivalents,) "with the axis which forms the negative pole. Second. In combination with an electrolytic tank furnished with anodes, a perforated revolving container, "drum, or cylinder g, mounted upon a stationary axis f, fitted and provided 25 "either directly or indirectly with movable contact arms or fingers i, the parts "being supported and insulated as and for the purpose described and set forth. "Third. The general arrangement, combination, and fitting of the parts as set "forth."

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The Patent became vested in the Electrolytic Plating Apparatus Company, 30 Ld., who in October 1900 brought an action for infringement against Henry Holland & Co., claiming an injunction, damages or an account of profits, delivery up, and costs as between solicitor and client. The Specification had been in August 1900 construed by Wills, J., in the action of the Electrolytic Plating Apparatus Company, Ld. v. Evans (reported in 17 R.P.C., page 733), 35 when the learned Judge certified that the validity of the Patent had come in question in that action.

By their Particulars of Breaches the Plaintiffs complained of infringement by the Defendants, and that in particular the Defendants had prior to the date of the writ manufactured and used or manufactured or used at their works 40 known as Salop Works, Highgate Park, Birmingham, apparatus for the electrodeposition of metals, an essential part of which consisted in a perforated drum designed to revolve in and revolved in the electrolyte, and having an axis which formed the negative pole, and with which the articles to be plated came in contact either directly or indirectly and were thereby plated, in infringement 45 of the claiming clauses of the said Letters Patent.

The Defendants, by their Defence and Particulars of Objections, denied infringement, and attacked the validity of the Patent on the grounds that (1) the Patentees were not, nor was any of them, the first and true inventor of the alleged invention; (2) the alleged invention was not new, but had been 50 published in this realm by the Specifications of (a) Cornforth (No. 2215 of 1855); (b) Lake (No 2359 of 1870); (c) Zingsem (U.S.A. No. 449,890 of 1891)*; (d) Heathfield and Rawson (No. 5537 of 1894); (3) prior user as follows:(a) in or about the year 1887, 1888, and (or) 1889, of apparatus for electro-plating constructed substantially as described in the Specification of the Plaintiffs' 55

*For this Specification see 17 R.P.C. 737.