264 



THE INDIA RUBBER WORLD 



[May 1, I91I. 



RUBBER RECLAIMING LITIGATION IN GREAT 

 BRITAIN. 



LONDON RULES FOR RUBBER CONTRACTS. 



•yUE IMPORT.\NCE attached to successful processes for 

 •*• saving rubber was indicated in an account of impending 

 .itigation in Great Britain over patents applying to measurably 

 successful processes of reclaiming, or, as it is designated in 

 England, ■'reforming" rubber. Our correspondent anticipated 

 active and protracted litigation between the owners of some of 

 these processes, based on their alleged infringement, the invalidity 

 of the patents, etc., but recent information would seem to dis- 

 crdit such a possibility. 



The Simple.^ Rubber Co., Limited, London, who were quoted 

 as one of the probable parties to the anticipated litigation, in 

 a recent communication deny that they are interested in any legal 

 controversy that is likely to mature at an early date. On the 

 other hand, the Gare patents, of wliich they are the owners, and 

 which they use in their manufacturing processes, emerged 

 triumphantly from attempts made to prevent their issue, on the 

 grounds that they had been anticipated by patents previously 

 granted to Kararodine, on a somewhat similar process. After a 

 careful comparison of the two inventions, as described in their 

 respective specifications, the patent office decided that it would 

 be clearly wrong to stop the granting of a patent in this case, 

 and consequently issued the |)atenl to T. Gare, on his process of 

 "reforming" rubber. 



The conclusions on which the comptroller general decided to 

 issue the Gare patent, are of more than passing interest to in- 

 ventors whose attention is bestowed on this subject, and we quote 

 from them as follows : 



"I find therefore that the process applicant desires to patent, 

 comprises, as an essential feature, the placing of India rubber, 

 under pressure, in a mould before it is subjected to heat, and 

 that the opponent in no way describes such essential feature, and 

 I cannot say that the invention in which this feature is essential 

 is patented on an application, the specification of which does not 

 mention this feature. Moreover, I find that the opponent's pro- 

 cess comprises, as an essential feature, the heating of the material 

 before compressing, or, in other words, compressing while hot, 

 and that the applicant's process does not comprise any such 

 feature. The fact that in carrying out each process, a stage is 

 reached in which rubber in compression is being heated, would 

 not justify me in finding that the process of applicant has been 

 patented, as alleged." 



The Simplex Rubber Co. (Ltd.) expresses perfect confidence 

 in the originality and validity of the Gare patents, the process 

 covered by them being employed in the manufacture of rubber 

 goods of many different kinds and which they claim are equal 

 in quality to the best produced anywhere. 



They argue, moreover, that if a commodity for which there is 

 so rapidly increasing a demand as there is for rubber, can be 

 given, so to speak, two or more lives, by a process which en- 

 ables articles equal in quality to the original to be made at a 

 low cost, then an increase in the use of rubber for many pur- 

 poses now prohibited owing to its cost will follow, to the ulti- 

 mate benefit, not only of the community generally, but also of the 

 planter and manufacturer. 



Reporting on markets abroad for American stationery goods, 

 the United States Consul-General in London comments particu- 

 larly on the American rubber band, which he describes as 

 having won and maintained a hold on the British market by 

 reason of its excellent quality and the conveniently gradu- 

 ated sizes in which it is manufactured. The English product is 

 made only in stock sizes, with considerable variation between 

 them. An interesting diflferentiation between the .American 

 and the English product is that the former is gray and the 

 latter red. 



IN contracts of five tons or over, buyers have the right to reject 

 *■ tenders of less than a ton. and in contracts of under five tons, 

 any tender of less than half a ton, except, in each case, in com- 

 pletion of a contract. 



When sold for monthly deliveries or shipment, each month a 

 specified part of a month's delivery or shipment, to be treated 

 as a separate contract. 



Sellers must provide approximate weights at time of tender 

 and furnish dock and wharf samples, which must be sent by the 

 first sellers to the first selling brokers, whose name must be on 

 the first and subsequent tenders as holding the samples. They 

 must be freshly drawn dock or wharf samples and delivered 

 intact to the first selling broker. Tenders to be good must 

 contain the following information in addition to the name of 

 first selling brokers, i. e., date of contract and price; marks and 

 number of packages ; ship's name and dock or wharf where 

 rubber is lying ; weight of sample ; original or copy of arbitration 

 award (if any). The stipulations provided for shall be deemed 

 to be of the essence of the contract. 



The constitution of the Arbitration Committee is next 

 described. 



Clause IV provides that when a parcel of rubber is sold under 

 the standard description of "first Latex Hevea Brasiliensis planta- 

 tion rubber of fair average quality in sheet and (or) biscuit and 

 (or) crepe form, as at present prepared" for a specified ship- 

 ment or delivery or for shipment by a specified steamer and 

 found inferior, or if any portion tendered shall be found inferior, 

 buyers shall have the option of rejection and the quantity so 

 rejected, whether the whole, or any portion, shall not constitute 

 a delivery on the contract. Should the time for delivery have 

 expired, the seller must be allowed three clear working days to 

 replace the quantity rejected. 



Clause V provides that when a parcel of rubber is sold with a 

 guarantee of quality other than as specified in the foregoing 

 clause for a specified shipment or delivery, and is found inferior, 

 the buyer must accept the same with an allowance, provided the 

 allowance in the opinion of the arbitrators, be not more than 

 two pence per pound, or otherwise, as may be specified in the 

 contract ; but if the parcel, or any portion is rejected, the seller 

 is to have the option of substituting guaranteed quality on the 

 spot to fulfill his contract, within three clear working days. 



According to Clause IV any parcel arbitrated on with or with- 

 out an allowance, shall be tenderable on any contract for the 

 same quality and buyers shall accept the same, with the original 

 arbitration award, provided the tender is made within three 

 months from the date of the original tender and the parcel has 

 been left lying intact at a public warehouse. 



Any claims under these rules must be made by the last buyer 

 to the first selling broker within three clear working days of the 

 last buyer receiving tender. 



Final delivery, on any delivery or shipment contract, must be 

 within 50 pounds of the weight contracted for. 



The selling or buying broker guarantees the solvency of his 

 principals in all contracts for rubber unless otherwise specified 

 in the contract. 



The rules, of which the above is a brief synopsis, are described 

 as the "Rules and Regulations Governing Contracts for Planta- 

 tion Rubber" sold under the General Produce Brokers Associa- 

 tion of London Rubber Rules. 



Complaints from pedestrians in London that passing auto- 

 mobiles, ploughing through puddles, sprinkle them with mud, 

 have led to tests of a splash guard on motor busses and other 

 vehicles in that city. They arc made of a steel mesh and sus- 

 pended from the hubs of the wheels, the bottoms reaching nearly 

 to the ground. They were found to give effective protection and 

 their compulsory adoption is under consideration. 



