Belk and Parr v. Bartholomew

Feilding Star, Volume XIV, Issue 46, 4 October 1892, Page 2

Belk and Parr v. Bartholomew

(New Zealand Times.) The plaintiffs in this action, who are coachbuilders, at Feilding, sued John Bartholomew, of Feilding, sawmiller, for an injunction to restrain the infringement of the plaintiff's letters patent for an invention for constructing four-wheeled vehicles so that they can be driven round sharp corners safely. The defendant, by his statement of defence, alleged that he is the first and true inventor of the invention, and counterclainied revocation of tbe grant of letters patent. Mr Jellicoe appeared for the plamtifls, and Mr Gully for the defendant. The case was argued on the evidence taken before the Patent Officer and was peculiar from the fact that both parties lodged applications for the patent on the 23rd February last, that both applications were returned as informal, that the plaintiffs' application and specification were finally accepted on the 26th February and the defendant's on the 7th March. The plaintiffs successfully opposed the defendant's application and succeeded in securing their grant on the 4th June last. It appeared, however, that the Patent Officer disallowed the defendant's application because he had already issued a grant to the plaintiffs and without determining the question of fact raised by the evidence. His Honor reserved judgment.