NOTE: An appeal from the above decision of the Exchequer Court of Canada to the Supreme Court of Canada (Abbott, Judson, Ritchie, Hall and Spence, JJ.) was dismissed on March 1, 1972.
The following judgment was delivered orally by Mr. Justice Abbott:
"It will not be necessary to hear counsel for the respondent and intervenant.
"We are all of the opinion that no grounds have been shown for interference by this Court with the decision of the Commissioner of Patents [61 C.P.R. 243] fixing a royalty which was affirmed by the Exchequer Court of Canada.
"The appeal is therefore dismissed with costs. There will be no costs to the intervenant."
R. G. McClenahan and D. E. Clarke, for appellant.
D. S. Johnson, Q.C., for respondent.
G. W. Ainslie, Q.C., for intervenant.