Chatwood's Patent Safe and Lock Company, Ld. and Others v. Ratner Byrne, J., granted the application on the usual terms as to costs, the Plaintiffs undertaking not to threaten until the question of the amendment of the Specification should be disposed of. On the 15th of May 1899, Chatwood's Patent Safe and Lock Company, Ld., Samuel Chatwood, Samuel Rawsthorne Chatwood, and Arthur Brunel 5 Chatwood commenced an action against The Ratner Safe Company, Ld., Daniel Rowlinson Ratcliff, Percy F. Nursey, and William Milner Ratcliff for an injunction restraining the Defendants from manufacturing, using, selling, or offering for sale, by advertisement or otherwise, safes or strong rooms in infringement of the Plaintiffs' Patent (No. 4100 of 1890), and from otherwise 10 infringing the said Patent, and for other consequential relief. The Specification of the Patent will be found set out in the report of In the Matter of Chatwood's Patent (16 R.P.C. 370). On the 19th of June 1899, the Plaintiffs gave notice of motion that they might be at liberty to apply at the Patent Office for leave to amend the Specification of the Patent by way of a disclaiming clause, and by 15 way of disclaimer so far as the claiming clauses 6 and 7 thereof and the description and drawings relating thereto in the said Specification were concerned, and that the Court might direct that in the meantime the trial or hearing of the action might be postponed, and that the Specification so amended might be given in evidence in the trial of the action by the Plaintiffs, and that 20 such further Order might be made as to the Court should seem meet. The motion was heard on the 7th of July 1899. Bousfield, Q.C., and C. C. Hutchinson (instructed by Woodcock, Ryland, and Parker, agents for Holden and Holden, of Bolton) appeared for the Plaintiffs; A. J. Walter (instructed by J. H. and J. Y. Johnson) appeared for the 25 Defendants. Bousfield, Q.C., for the Plaintiffs.-This is a similar application to the one which we made in the Petition for Revocation.* It is necessary to apply in each proceeding. Leave is almost a matter of course, subject to terms. Walter, for the Defendants.-It is a matter of discretion under Section 19 30 of the Patents, &c. Act, 1883. I ask that the application should not be granted. There is no reason why the Plaintiffs should not discontinue and bring a fresh action after amendment. [Bousfield, Q.C.-The present proceedings could be utilized after amendment.] At any rate, I ask for an undertaking that the Plaintiffs shall not threaten. BYRNE, J.-How are you injured by the pendency of this action? Walter.-I am injured in so far as that there is an action pending against me on a Patent which, on the Plaintiffs' own admission, at the present moment is one on which they had no right to commence an action. 35 BYRNE, J.-I do not see how you are injured by the pendency of the action. 40 If Mr. Bousfield likes to be embarrassed by an order of the Court putting upon him special terms I do not see why he should not have it. Walter.-I ask your Lordship, as part of the terms, to put them under an undertaking not to threaten. BYRNE, J.-I think that is reasonable. Mr. Bousfield, you will give that 45 undertaking? Bousfield, Q.C.-Yes, until the amendment is allowed. Then we revert to our rights. BYRNE, J.-Until after the question of amendment is disposed of the undertaking is not to threaten. The other conditions are in the usual terms. 50 *In the Matter of Chatwood's Patent (16 R.P.C. 370). The Palmer Tyre, Ld. v. The Pneumatic Tyre Company, Ld. 5 IN THE HIGH COURT OF JUSTICE.-QUEEN'S BENCH DIVISION. Before MR. JUSTICE WILLS. May 30th and 31st, and June 1st, 2nd, 5th, 6th, 7th, 8th, 9th, 12th, and 24th, 1899. THE PALMER TYRE, LD. v. THE PNEUMATIC TYRE COMPANY, LD. Patent.-Action for infringement of three Patents.-Construction.-Anticipation.-Infringement.-Action dismissed.-One Patent held invalid. The owners of three Patents-Thomas's, Trigwell's, and Palmer's-brought an action for infringement of the same. The Complete (Amended) Specification 10 of Thomas' Patent, which was for "Improvements in tires and fellies for the "wheels of vehicles," contained the following paragraphs:-"My invention "consists of a tire made of a sheet of flexible material impervious to liquids or "fluids, and such as may be caused to assume a cylindrical form in its engage"ment with an angular felly provided with grooves, slits, recesses or sunken 15" channels in the side walls or edges thereof, and caused to maintain said form "after inflation. My invention consists also of a flexible or elastic "tire capable of inflation by means of air, gas, water or other liquid or fluid, "and the tire provided with two or more ribs or projections for engagement "with an improved felly made in one or more parts, and adapted to receive and 20 "firmly hold the same in position in the outer face thereof by means of cement "or other glutinous or adhesive material or substances." After descriptions of the drawings, the Patentee stated that he made "no claim to any method of "constructing tires other than such in which the tire or tire cover is made "with longitudinal ribs or has enlarged edges which pass into and are held 25" within grooves or their equivalents formed in the rim of the wheel, but subject "thereto"; he claimed (5) "An inflatable tire composed of flexible material, "having the sides enlarged in combination with a felly having grooves or "channels in the sides or edges thereof to receive the enlargements of the tire "and a tube with a cock secured into said felly, substantially as and for the 66 66 66 66 The Palmer Tyre, Ld. v. The Pneumatic Tyre Company, Ld. and Others. purposes set forth." Trigwell stated in his Complete (Amended) Specification that his invention related to an improved rim and tire for the wheels of velocipedes and other road vehicles; that the cross-section of the rim which he preferred to use resembled a letter Y, and continued as follows:-" The small "flanges on the upper part of the rim are shaped to form small longitudinal 5 "U-shaped channels on the edges of the rim. The tire, which may be of the "pneumatic or cushion type, has an outer tread, preferably arch-shaped in "cross-section, and thicker at the top than at the sides. With this outer cover "or tread is incorporated a lining of wire gauze or equivalent material to afford greater protection from puncturing. The edges of the arch-shaped 10 cover or tread are made in the form of enlarged beads, and the said edges are fixed in the channels on the edges of the rim by passing a cord or band through or over each bead, the said cord or band being adapted to be drawn up taut by any suitable device." All the drawings showed U-shaped channels; the first and second claims were general claims referring back to the Specification, and in 15 the third and fourth claims a rim having longitudinal channels on its edges adapted to receive the beads was expressly mentioned as part of the combination claimed. Palmer in his Complete (Amended) Specification stated (inter alia) that his invention related to that class of fabric which was used in the manufacture of pneumatic tires; that in any fabric where the threads cross each 20 other in immediate contact the bending, folding, twisting or other manipulation caused a sawing action, and continued :-" Primarily my fabric comprises a "sheet of rubber having embedded therein, before vulcanising, parallel fibrous threads, or threads of any character capable of retaining their continuity, "these threads being so applied to the sheet as to be out of contact with each other. 25 "When vulcanised, or partly vulcanised, the fabric thus produced can be stretched 66 66 very little, if at all, longitudinally, but can be stretched very much transversely. "Two plies of such fabric are then arranged one upon the other, with the "threads in one separated from the threads in the other by the rubber part of "the fabric, and so arranged that the threads of one are at right angles to 30 "the threads of the other, this arrangement taking place preferably before "vulcanising, so as to produce a single sheet having a double set of parallel fibrous threads, one set at right angles to the other. More than "two plies may be vulcanisel together. Instead of vulcanising them together "they may be secured in any other satisfactory way, the point of the invention 35 "being the fabric made by embedding in a sheet of rubber and vulcanising "therein two or more sets of threads parallel to each other and out of contact with "each other. I am aware that fabrics have been made of various "materials in conjunction with parallel or various plies of parallel threads for "the purpose of thickening and strengthening the same, and for the purpose of 40 resisting longitudinal strains and stretching as in driving belts and hose "pipes and also in different makes of paper, and I would have it understood "that I make no general claim to fabric so constructed." The Claims were (1) a fabric made of two or more plies of rubber, each having embedded therein "parallel fibrous threads, the threads in one ply presenting an angle to the 45 "threads in the other, no two threads being in contact, substantially as described "and subject to the disclaiming note; (2) a fabric made of two or more plies 66 66 The Palmer Tyre, Ld. v. The Pneumatic Tyre Company, Ld. "of rubber, each ply having embedded and vulcanised therein substantially "non-extensible parallel fibrous threads out of contact with each other, the "threads in adjacent plies presenting an angle to each other, substantially as "described and subject to the above disclaiming note." The Defendants denied 5 infringement, and alleged the invalidity of the Patents on the grounds of (inter alia)—as to Thomas, insufficiency; as to Trigwell, prior grant to Welch ; and as to Palmer, anticipation by (inter alia) prior user by M. & Co. The Plaintiffs alleged that Welch's Patent was invalid on various grounds, including disconformity and anticipation, but admitted in argument that the 10 decision on these points in The Pneumatic Tyre Company, Ld. v. The East London Rubber Company, 14 R.P.C. 573, was binding on them at the trial. The alleged infringement was the manufacture and sale of a Welch-Dunlop tyre and rim, the tyre having an inner tube, an outer arch-shape cover with wires in its edges of less diameter than the edges of the rim within which the wires 15 were placed. The Plaintiffs contended that a wide interpretation should be given to Thomas' Patent, he being the first to have, instead of a complete tube, a tyre or tyre cover in the form of a sheet of flexible material engaging with the edges of the rim so as to form with it a complete tube. They alleged that the Defendants' cover had enlarged edges, and that the rim had grooves in it 20 corresponding to Thomas' enlargements and grooves respectively, and that the Defendants had substantially Trigwell's U-shaped channels omitting the inner side of them; also that the Defendants had taken the substance of Trigwell's invention viz. the wiring on; they set up that Palmer's Patent was in substance for the application of the fabric to pneumatic tyres and the like for the purpose 25 of avoiding sawing action. The prior user set up by the Defendants of Palmer's invention consisted of the production of a fabric at a certain stage in the manufacture of a solid tyre, the fabric being afterwards rolled up to form such tyre. Held, by Wills, J. (1) as to Thomas' Patent, that its claims were limited to 30 methods of construction, in which the tyre had longitudinal ribs or enlarged edges passing into and held within grooves or their equivalents, and that the Defendants' tyre had no ribs or any enlargements that performed the function of Thomas' enlargements, nor had the Defendants' rim any grooves equivalent to Thomas' grooves, and that the Defendants had not infringed this Patent; 35 (2) as to Trigwell's Patent, that it was a narrow Patent for the particular combination, and on that construction the Defendants had not infringed; but that, no new evidence having been given to materially alter the case as to the validity of the Welch Patent, which Patent was prior in date to Trigwell, the question of infringement did not arise; (3) as to Palmer's Patent, that it was 40 a Patent for a fabric; that "embedding" meant that each thread was to be buried in the rubber so as to be kept out of contact with the ones parallel to it, and that vulcanisation was essential; that the threads in the Defendants' fabric were in close contact with one another, and that the Defendants, not having "embedding" nor vulcanisation, did not infringe; that, furthermore, 45 the Patent was invalidated by the prior user of M. & Co. The action was dismissed with costs, including costs of certain of the Particulars of Objections. The costs of three Counsel were allowed and the costs of the shorthand notes. The Palmer Tyre, Ld. v. The Pneumatic Tyre Company, Ld. and Others. On the 12th of March 1889 Letters Patent (No. 4350** of 1889) were granted to Amos Worthington Thomas for an invention of "Improvements in Tires and "Fellies for the Wheels of Vehicles." This Patent (in this report called Thomas's Patent) was amended on the 22nd of July 1893, and further amended on the 24th of May 1898. The Complete Specification, as amended, was as 5 follows:: "My invention has relation to the wheels of vehicles such as bicycles, " tricycles, wagons, carriages and other rolling conveyances; and particularly to "fellies and the tires composed of elastic or compressible material as opposed to "metal, that is, to inflatible or tubular tires adapted to contain air, gas, aeriform 10 or gaseous fluid, or water or other liquids. 66 66 My invention relates to details of construction and mode of application and use, and may be carried into effect in a variety of ways and under different "conditions such as hereinafter described. "My invention consists of a tire made of a sheet of flexible material imper- 15 "vious to liquids or fluids and such as may be caused to assume a cylindrical "form in its engagement with an angular felly provided with grooves, slits, recesses or sunken channels in the side-walls or edges thereof and caused to "maintain said form after inflation, to provide a very strong, durable and "serviceable tire especially adapted for use in connection with the road wheels 20 of bicycles, tricycles, velocipedes and other rolling conveyances. 66 "My invention consists also of a flexible or elastic tire, capable of inflation by means of air, gas, water or other liquid or fluid, and the tire provided with "two or more ribs or projections for engagement with an improved felly made "in one or more parts, and adapted to receive and firmly hold the same in 25 position in the outer face thereof by means of cement or other glutinous or "adhesive material or substances. 66 66 66 .. "In the accompanying drawings are illustrated the mechanical and other "features of my invention in some of the forms found practically efficient, and "in which Fig. 9 is a sectional elevation of a grooved face felly, with two 30 "concentric tubes made of elastic or compressible material fitting closely to and "lying or nested within each other, but not secured together, and arranged so "that each tube may be capable of an independent creeping movement with respect to its neighbour, the outer tube being made preferably of tougher "material than the inner tube. Fig. 10 is a similar view of another form of 35 "grooved face felly, with a flexible tire capable of being inflated mounted therein, and said tire provided with cars, enlargements, or projections in "contact with the extremities of the felly, and held solidly thereat by means of "cement or other glutinous material. Fig. 11 is a sectional elevation of a twopart felly of my improved construction, adapted to receive a flexible tire 40 "capable of being inflated, and provided with two or more ribs or projections, "held to place in said felly by means of cement or other glutinous or adhesive "material. Fig. 12 is a similar view of a curved or angular felly, provided with grooves, slits, or recesses in the side walls thereof, and adapted to receive and "hold, by means of cement or other glutinous or adhesive material, a tire made 45 "of a sheet of flexible material impervious to liquids, an 1 caused to assume a "cylindrical form in its engagement with said felly. Fig. 14 is a sectional "elevation of a two-part felly, a tire capable of inflation, and an interposed rim, "and all held together in a suitable manner. Fig. 16 is a cross section of a "wooden felly, with hollow flexible tire held between the walls of flanges of an 50 interposed rim secured to said felly; and Fig. 17 is a similar view of a moditied "form of a felly and tire secured together, and said tire composed of flexible "material with a separately applied reinforce, the sides or edges of said tire "being held between the walls of flanges mounted on a filling composed of "segments of wood or other material arranged between the rim and hoop of the 55 66 |