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The Castner-Kellner Alkali Company, Ld. v. The Commercial Development
Corporation, Ld.

"preceding claims, the arrangement of a third electrode G in the combiningchamber or in each such chamber, the said electrode G, or each of them when "there are more than one, forming with the mercury cathode a short circuited "secondary element, for the purpose of rapidly removing the alkaline metal 5" from the amalgam substantially as hereinbefore described with reference to "and illustrated by Fig. 9 of the accompanying drawings. (5) In apparatus "of the kind specified in the preceding claims, the arrangement of slots or "notches e or b2 in the edges of the partitions or bells, or in the bottom of the "vessel that contains the mercury cathode, for the purpose of obviating 10" displacement of the mercury when moving the partitions or bells relatively to "the vessel, substantially as hereinbefore described with reference to and "illustrated by Figs. 4 and 5 of the drawings herein referred to."

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The Defendants' apparatus complained of in this action was made according to the Specification of Patent No. 21,509 of 1896, granted to 15 John Gustav Adolph Rhodin, for "An improved electrolyser or electrolytic "apparatus."

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The Complete Specification of the patent is as follows:-" My invention "relates to an improved electrolyser or apparatus for use in electrolysis and "my object is to construct a cheap simple and efficient form of apparatus.

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"In constructing my improved apparatus I employ a cylindrical or other "suitably shaped vessel of earthenware or other suitable material with a flat "base and open top. On the inside of the bottom I form radial or other ribs or projections. Inside and concentric with this vessel I fit a second vessel of "earthenware or other suitable material in the bottom of which are formed a 25"series of tubes or hollow projections in which are fitted a corresponding series "of carbon rods all in metallic contact with the positive pole of a dynamo or other source of electricity. The tubes on the bottom of the second vessel project into a layer of mercury covering the bottom of the first vessel and in "metallic contact with the negative pole of a dynamo or other source of electricity. A quantity of water or other suitable liquid is placed on the mercury in the first vessel and in the interior of the second vessel is placed "a suitable electrolyte such as a solution of Chloride of Sodium or Nitrate of "Sodium or dilute Sulphuric Acid etc. The second vessel is closed by a cover "which is fastened to it and may be provided with an outlet pipe or passage 35" through which gases liberated during the electrolysis might escape. "The second vessel is fitted and provided with means whereby it may be "rotated.

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"In the accompanying Sheet of Drawings-Figure 1 is a transverse vertical "section of the improved apparatus. Fig. 2 is a plan of the under side of the

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The Castner-Kellner Alkali Company, Ld. v. The Commercial Development
Corporation, Ld.

"inner vessel, and Fig. 3 a plan of the bottom of the outer vessel. In the Drawings, a designates the outer cylindrical or other suitably shaped vessel "which I prefer to make of iron and b is the inner concentric vessel which I "prefer to make of earthenware. The bottom of the vessel a, as shown in plan "in Fig. 3, is provided with radial or other ribs or projections c (Figs. 1 and 3) 5 "and the bottom of the vessel b as shown in Fig. 2, opens out into a series of "hollow projections or tubes ƒ of any suitable section. The top of the vessel b "is closed by a suitably shaped lid or cover which may be made in one piece "with the vessel, as shown in Fig. 1, or may be a separate part secured thereto. "Through holes in this lid I fit a series of carbon rods or other suitably shaped 10 66 carbons or anodes of other material g which fit closely into these holes and project into the above mentioned hollow projections ƒ yet without coming in "contact with a layer of mercury d which seals the openings of the hollow projections when the apparatus is put together. These carbons or anodes are put in metallic contact with one another by suitable means such as for 15 "instance by casting a layer of lead into an annular space formed by the lid "and into which the ends of the carbons or anodes project. The combined "anodes might conveniently be brought into metallic contact with a ring of "metal 7 which surrounds a tube q into which the lid of the vessel b may be suitably prolonged. The metal ring 7 may then by means of a metallic brush 20 m be put in contact with the positive pole of a dynamo or other source of an electric current. The above mentioned hollow projections or tubes ƒ "project in a layer of mercury d which seals the inner part of the vessel b "from connection with that part of the outer vessel a which is not occupied by "the inner vessel b. On the top of the mercury and filling this last mentioned 25 part of the vessel a is a layer of water or other suitable liquid p. The inside "of the second vessel b is filled with a solution of an electrolyte generally one "with a metallic kation forming the layer n. The second vessel b is further provided with means for slowly rotating it, such as for instance, a pulley t "fixed round the tube 7 and provided with a collar running in a bearing s 30 supported by an arm w or the like, which also prevents the second vessel b "from touching the bottom of the first vessel a. The tube q may be connected "with a system of gas conducting tubes by means of a liquid seal or joint k. "When the first vessel is made of iron, which is the preferred material, the layer of mercury is made into a kathode simply by connecting the vessel a 35 "with the negative pole of the above mentioned source of electric current.

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"In operation, when the electric current is flowing, the second vessel b is "slowly rotated during which operation the projections agitate the layer of 66 mercury d which however, is prevented from revolving by the ribs or "projections c. The amalgam formed at the bottom of the projections is then 40 "mixed up with the main bulk of the mercury principally by these projections "sliding over the mercurial surface and by the diffusing action between the mercury and the amalgam and by the internal movement set up by the "movement of the projections. The amalgam is thus brought into contact "and re-action with the supernatant water or other liquid p whereby a 45 "commercial product is formed and more or less depolarization is caused and "the mercury is enabled to dissolve more of the kation and so on in a continuous process. The anion separated out inside the vessel b may, whatever be "its state of aggregation act upon a substance floating on or mixed with or "dissolved in the electrolyte n and if it be a gas it may eventually be conducted 50 "through the pipe 7 and a system of tubes into other chemical apparatus or "if of no value may be allowed to escape.

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"The apparatus as described, may as a consequence of its construction, have "heat applied to it with advantage either internally or externally either with "the object of diminishing electrical resistance or facilitating certain chemical 55 "re-actions or for distilling certain chemical compounds out of the vessel b, "into a system of condensers.

"Having now particularly described and ascertained the nature of my said

The Castner-Kellner Alkali Company, Ld. v. The Commercial Development
Corporation, Ld.

"invention and in what manner the same is to be performed I declare that "what I claim is :-(1) An apparatus for electrolysing solutions of salts with "utilization of a mercury kathode consisting of the particular electrolytic cell b "capable of rotation, the bottom of which is provided with tubes ƒ dipping into 5"the mercury contained in an outer vessel a so that on rotating the electrolytic "cell the amalgam formed within the said tubes is mixed with the mercury and "brought into better contact with the water or other liquid contained in the "outer vessel the bottom of which is for this purpose provided with ribs c. "(2) An apparatus for the electrolysis of electrolytes, with preferably a 10" metallic kation, soluble in mercury, the utilization of a mercury kathode "which extends considerably outside the electrolytic cell and through which "the kation is diffused by ordinary diffusion as well as by the contact surface "formed by the electrolyte being continuously removed from one part of the "mercurial surface to another by rotating the vessel containing the electrolyte 15 "bodily and further by providing means of simultaneously extracting the "kation from the amalgam all substantially as described. (3) In an electro"lytic apparatus, the combination with the outer vessel a having ribs c and "adapted to contain a mercury kathode in metallic contact with the negative "pole of a dynamo or equivalent source of electricity, of the inner vessel b 20" provided with the tubes ƒ and fitted so as to be capable of rotation and carrying

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"carbon rods or other suitable anodes in metallic contact with the positive pole "of the dynamo or equivalent, all arranged and operating substantially in the

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manner and for the purposes herein described with reference to the accompanying Drawing. (4) The combination with the outer vessel a 25 "formed of iron or other suitable material capable of resisting heat, of the "inner vessel b constructed as a still and sealed hermetically whereby "heat can be applied to the apparatus to facilitate and expedite the process of distilling acid compounds formed at the anode, substantially as "herein set forth."

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The

This action was commenced by the Plaintiff Company on the 9th of December 1897 for infringement of Kellner's Patent, of which they were owners. Defendants' apparatus, which was used under Rhodin's Patent, may be shortly described as follows:-It consisted of a set of cells containing a solution of salt in which were carbon electrodes; these cells dipped into a circular pan of 35 mercury which acted as the cathode filling up the intervals between the cells containing salt over which water was placed. On passing an electric current through the salt solution sodium was deposited on the mercury cathode forming an amalgam with the mercury and as the cells were given a continuous rotation the amalgam so formed was brought into contact with the overlying water and 40 formed caustic soda by the action of the water and sodium. To insure circulation of the mercury ribs were placed on the bottom of the pan causing the mercury to flow outwardly along its surface.

The Statement of Claim asked for the usual relief, and the Particulars of Breaches alleged that the l'efendants had infringed the Plaintiffs' 45 patent by using certain apparatus made according to the Specification

The Castner-Kellner Alkali Company, Ld. v. The Commercial Development
Corporation, Ld.

of Letters Patent No. 21,509 of 1896, granted to Rhodin; and also that the Defendants had threatened to infringe the Plaintiffs' Letters Patent by a prospectus dated the 30th of October 1897, and issued by them, and by a telegram dated the 8th of November 1897, and sent by the Defendants' solicitors to the Plaintiffs' solicitors: the said infringements and threats to infringe were 5 infringements and threats to infringe the first and fifth claims of the Plaintiffs' Specification.

The telegram referred to in the Particulars of Breaches, admitted that the Defendants intended to use the apparatus described in Rhodin's Specification for manufacturing alkali in the United Kingdom. 10

The Defence denied infringement, and alleged that the Plaintiffs' patent was invalid.

The Particulars of Objections contained the following allegations :-(1) That having regard to the public knowledge, the alleged invention was not new or the proper subject-matter of Letters Patent; (2) that the alleged invention had 15 been published within the realm before the date of the patent in the manner following:-(A) By the Specifications of Letters Patent No. 20,768 of 1890, granted to G. J. Atkins and E. Applegarth; (B) by the Specifications of Letters Patent No. 21,859 of 1891, granted to Hermite and Dubosc; (C) by the Provisional Specification No. 4349 of 1882, granted to A. L. Nolf; (D) by the 20 Specification of a United States Patent No. 271,906 of 1882, granted to A. L. Nolf; (E) by the Specifications of Letters Patent No. 7426 of 1886, granted to Camille Petic; (F) by the Specification of Letters Patent No. 16,046, of 1892, granted to Hamilton Young Castner; (G) by the Specification of Letters Patent No. 14,910 of 1893, granted to Peter Jensen; (H) by the Specification of Letters 25 Patent No. 13,499 of 1894, granted to Alf Sinding Larsen. (3) That the Specification of the alleged invention did not sufficiently distinguish which of matters described were claimed to be invented and which were admitted to be old; (4) that the Specification of the alleged invention did not sufficiently describe in what manner the invention was to be performed and in other 30 respects was insufficient, ambiguous, and contained false suggestions; (5) that the alleged invention consisted merely in the obvious use and adaptation of devices old and well known at the date of the patent, and did not involve invention; (6) that the Complete Specification described and claimed inventions not comprised within the Provisional Specification; (7) that the alleged invention 35 was not useful; (8) that the patent was void by reason that the invention claimed formed the subject of a prior grant to Alf Sinding Larsen and numbered No. 13,499 of 1894.

The following further Particulars of Objections were delivered pursuant to an order dated the 22nd of April 1898, in which the Defendants were ordered to 40 give further particulars of paragraphs numbered 2, 4, and 6 in their Particulars of Objections:-"(1) As to paragraph 2-The Defendants rely upon the whole "of each of the Specifications therein mentioned as anticipating all the claims of "the Plaintiffs' Specification. (2) As to paragraph 6-The Complete Specifica"tion therein mentioned describes on page 4, lines 54 to 56, and page 5, lines 1 45 "to 57, and illustrates by Figures 6, 7, 8, and 9, and claims in claims numbered "2, 3, and 4 inventions or apparatus which are not comprised in the Provisional "Specification." The Defendants omitted to give further particulars of

paragraph 4.

The Plaintiffs by their Reply joined issue.

50 The Specification of Castner's patent (No. 16,046 of 1892), which was the property of the Plaintiffs, described an apparatus in which there was only one cell. This cell was divided into two compartments by a central partition which did not reach to the bottom of the cell, but dipped into the mercury covering the bottom, the mercury thus forming an effectual seal between the two chambers. 55 In one compartment was situated the solution of salt to be decomposed; in the other there was water. In the mercury there was a rotating paddle fixed to a shaft which passed through the centre of the partition; this paddle kept the

The Castner Kellner Alkali Company, Ld. v. The Commercial Development
Corporation, Ld.

mercury continually flowing from one chamber to the other and back again. The anode was situated in the decomposing or salt chamber, and the current thence passed through the solution to the mercury at the bottom, then left the mercury in the combining or water chamber, and passed through the liquid to 5 a second cathode fixed in that chamber. Thus the current traversed each compartment, depositing sodium in the one and setting it free in the other. It was important that there should always be some sodium in the mercury of the combining chamber, as otherwise the mercury would itself be oxidized, and the Specification directed that the strength of the amalgam should always be 10 maintained at 2 per cent.

The action was tried before Mr. Justice BIGHAM, sitting as an additional Judge of the Chancery Division, who, on the 3rd of August 1898, held that the Plaintiffs' Letters Patent were valid, and had been infringed by the Defendants.*

15 The Defendants appealed.

On the hearing of the Appeal there appeared for the Appellants T. Terrelt, Q.C., Astbury, Q.C., McConkey and J. H. Gray (instructed by Brook, Freeman, and Batley, agents for Wright, Becket & Co., of Liverpool); and for the Respondents Moulton, Q.C., Bousfield, Q.C., J. C. Graham, A. J. Walter, and Lord Robert 20 Cecil (instructed by Baker, Blaker, and Hawes).

T. Terrell, Q.C., for Appellants.-This is an appeal from a judgment of Mr. Justice Bigham finding that Defendants have infringed Letters Patent of Kellner, 20,259 of 1894, owned by the Plaintiffs. The subject to which this case relates is the manufacture of caustic soda, which is a compound of sodium and oxygen. 25 This is made from common salt (chloride of sodium). The caustic soda used to be made by a chemical process. Many years ago it was discovered that an electric current could be made to decompose metallic salts in solution. In this process the metal is given off at one pole called the cathode, and the gas at the other pole called the anode. In applying this method to chloride of sodium, however, 30 there was the objection that sodium could not be produced, as it immediately decomposed the water and formed caustic soda. This being mixed with the salt already present in the solution was useless as a commercial product. The next step was the discovery of Sir Humphry Davy that if a mercury cathode was employed an amalgam of mercury and sodium was formed which was not 35 so feadily decomposed by the water.

Many attempts were made to utilise this discovery commercially. In all these mercury is alternately caused to absorb sodium, and then submit the sodium to the action of water so as to form caustic soda. Atkins and Applegarth in 1890, Letters Patent No. 20,768, caused the mercury to drip on the outside 40 of a porous diaphragm, on the other side of which was a solution of salt, and at the same time causing an electric current to pass from the mercury to a carbon anode in the salt solution. The mercury cathode thus charged with sodium fell into water, where the sodium was given up to the water forming the caustic soda. The mercury of course was then pumped up for further use, trickling 45 down again on the outside of the porous partition. Hermite and Dubosc in 1891, Letters Patent No. 21,959, also used a similar device. Both these processes involved the use of an immense quantity of mercury compared to the amount of caustic soda produced. Jensen in 1893, Letters Patent 14,910, shewed a somewhat different method, in that he drove the mercury round by a paddle 50 from the vessel containing the salt solution to a vessel of water. The last of the prior Specifications is that of Castner (16,046 of 1892). This is a continuous process. A partition goes the full width of the cell, and reaches nearly to the bottom, dividing the cell into two equal parts, when mercury is put in to a slightly higher level than the bottom of the partition. A solution of 55 salt is put in one of these parts and water in the other. A paddle is used to transfer the mercury from below the salt solution to below the water. On

* See 15 R.P.C. 657.

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