York Urbanist

2020 to 2021 – CURLING REBIRTH – Part 3

December 8th, 2020


In August, 2020, CurlON produced an excellent checklist for reopening for the 2020 season amidst the Covid-19 pandemic.  Sadly, the season was lost due to the general public’s disregard of social distancing and other government recommendations.  But reopening for next season is likely to occur.

  • Many of our curling manias …and systems …and mindsets will change, or, at least, we will have opened our minds to change. This is a good thing.
  • Doubles and Triples will become mainstream;
  • New ways to enjoy curling will be visited.
  • Cleaning will become top-of-mind.
  • That first time of meeting again should be, well….. outstanding!
  • The world should know that we are back, so shout out about the opening on social media.

The response to reopening will be different depending on your involvement in the sport.

Recreation playersgravenhurst-20110715-00212

  • Fun will return to the game not only with reopening, but also with the anticipated changes to the game.
  • The after-game revelry will return. It will be the club’s option to introduce new post-curling activities, but you must embrace change to enhance the social environment.
  • Faster games of triples and doubles will be a good introduction for new players who come to your club as a couple or singly. Your social leagues could become six ends to reinforce the social time post-game.

Competitive players

  • Get ready to return to pre-Covid schedules, but post-Covid protocols.
  • Training will include expanded and/or new events of doubles and triples. The Canadian Olympic Council would support additional events in curling, so, they could get Olympic recognition.
  • FitNutCurler has continued to educate curlers about fitness through her website and social media. Fitness, curling related, could provide a connection with


In December 2020, it was reported from Port Elgin Curling Club, Ontario, that membership during the pandemic initially dropped by 40% because of members fearing the pandemic, but the net increase in the club membership is 30%!  The world outside the confines of your curling facility is waiting at your doors. The reason can be explained by:

  • Isolation in 2020 needs to be countered by an active and social 2021
  • Curling has continued to have a presence on social media
  • Curling is growing internationally.
  • Curling is a life-long sport and can be participated interactively by generations of families


Before your club reconvenes:

  • Recap the costs of the 2020-21 season, much of which was not business as usual.
  • Review your facility: mechanical; electrical; structural. If one of your sunk costs is staff, use them to perform the facility review.
  • Reconfirm the Board of directors. Like the members of the club, they need some invigoration.
  • Have each Board director re-plan their area of responsibility to include in your Business Plan for next season.
  • Review your 10 year Business Plan. It has surely been affected by this pandemic.
  • Innovate your program by including changes to leagues, length of league schedules, reduce time on ice for recreation players, invest in curling instruction, and provide practice time.on ice with covid ruleshttp://yorkurbanist.com/2020/12/08/2020-to-2021-curling-rebirth-part-3/?preview=true&preview_id=2501&preview_nonce=d847f2cfa5

Also see our demographic analysis: http://yorkurbanist.com/curling/curling-facility-design/curling-facilities-and-demographics-trends-2015/

2020 to 2021 – CURLING REBIRTH – Part 2

December 8th, 2020


Inoculations have begun as the basis for future success. The markets, in November 2020, are suggesting a strong rebound of the North American economy.  Governments will have the challenge of budgeting. How will taxation change? What will the budget anticipate from tax sources? Will government assistance continue? .. and in what manner?Calgary club ice and rock

Recreational curling will not open until municipalities allow their residents to return to normal activities. Even private clubs will be reticent to open for a shortened season.  Most Volunteer boards, faced with a changed social and physical environment, will hesitate and defer opening until Fall, 2021. Elite players will continue to train, waiting for each succession of curling events to emerge.


With clubs closed, and with a vaccine program started, what is your plan for reopening?

Canadian Prime Minister Trudeau suggested on November 27, 2020, that the majority of Canadians will be inoculated by September 2021.  Given that curling seasons for most clubs start early October, we have to be happy…right? What will your club do prior to the vaccine?

Normal will not return! The pandemic will be etched into every future program that is proposed.

Business as usual will suggest that you send out applications in August.  But, with a market that has been once bitten, will they apply?  There is work to do. The work starts now! The 2020-21 season is all but canceled.  The work of the boards of directors is not. Here are some suggestions about the boards’ duties:

  • Keep the membership informed.  Have you considered reopening in January?  If so, have you told the members that that is a possibility?
  • Maintain enthusiasm of the sport. Curling is a social sport and, as such, needs nurturing.
  • The moment you know you are reopening, get the word out by email, FaceBook, phone and mail to those without computers (some still do not have that apparatus).
  • Daytime curlers may be seniors who feel isolated by the pandemic and its endemic government policies.  Set up a system of a calling tree.  A board member calls five key individuals and gives them an assignment to call 5 people.  That connects 25 seniors with two calls.  One more level and 125 members have been called and informed.
  • Evening curlers are more likely to correspond by email or text.  Send a directive from the board to those by email and text to say we are opening on _______(date)__________. Also tell them about how their fees or the clubs surplus has been used to provide for those less privileged.

Once the club reopening date is identified, what will be the changes in protocols?

2020 to 2021 – CURLING REBIRTH

December 8th, 2020

THE SITUATION1234245_10151870281554709_1070664670_n

December 31, 2019 – The Wuhan Municipal Health Commission in China, reported a cluster of cases of pneumonia in WuhanHubei Province. A novel coronavirus was eventually identified.

January 30, 2020 – The World Health Organization declared the coronavirus was a “public health emergency of international concern

February 26, 2020 – Canadian Federal Minister Hajdu recommended that citizens stockpile food and medication.

March 11, 2020 – The WHO declared the existence of a global pandemic.

March 15, 2020 – Many Curling clubs close before the end of season.

August-September, 2020 – Decision time: Will curling facilities open either in limited manners or not at all.  Decision making varied.  In the United States, some opened as usual. Indeed, the Pittsburgh Curling Club new facility had been opened full time since March 2020 at the very time that other clubs closed early. Clubs operating out of municipal facilities were governed by local directives. Most urban facilities did not open. Rural communities remained open. The Grand Slam events were curtailed, promising that events in Spring 2021 would signal the first events.

November 18, 2020 – The Canadian Curling Association announced that their premiere events, Scotties and Brier would be hosted in Calgary, a change from the previously announced host cities of Thunder Bay, Ontario and Kelowna, BC. Still some events had been attracting elite teams on a local basis, but the Okatoks, AB event during this week was suddenly ended with provincial announcements of gathering restrictions.

November 23, 2020 – the Province of Ontario shuts down the City of Toronto and Region of Peel.  This results in the closure of Cricket Club curling and Mississaugua G&CC curling, two of the last curling facilities opened.  Most curling facilities have not opened in this new political and medical climate. Some have surmised that they might open in the new year with the pronouncements of three labs about pending vaccines.

The resulting impacts are social, physical and economic. Social impacts on curling include:

  • Lessened interaction between persons involved in the sport;
  • The elimination of physical activity has a psychological impact;
  • Players choose to follow other pursuits,
  • As work from home becomes common, individuals and families may move
  • The timing could be the stimulus to make the lifestyle change anticipated with aging and family adjustments

Economic impacts are many:

  • Utilization of facilities is erased;
  • Employees are laid off;
  • Bar and food sales are eliminated;
  • Ancillary expenses, such as equipment and clothing purchases will not be made;
  • Events are eliminated that contribute to the economic fortunes of the surrounding community.


The announcements from AstraZeneca, Pfizer and Moderna, of their pending vaccines, have encouraged investors to continue investing. The stock markets are harbingers of a healthy economic environment. Hopes abound in business, but hospitals, whose rooms in Canada were saved for Covid victims during the first wave, have braced themselves for the second wave.  American hospitals are becoming overwhelmed and the medical statistics elsewhere in the world have caused shutdowns of cities and states. Conservative, or right leaning, aficionados are rejecting closures, while liberal thinkers are promoting the safety of social distancing and masking.  That dichotomy was well illustrated during the 2020 US elections.

The advent of vaccines could be Spring, 2021. What may result?  How does the curling community respond before and after initial inoculations?

Part 2:  http://yorkurbanist.com/2020/12/08/2020-to-2021-curling-rebirth-part-2/


March 18th, 2019

Toronto’s success as Canada’s economic centre in part is why other Canadians will key into any sense of failure.  Hence, the closings of two Toronto clubs, in the same year, was seen as a bellwether of curling’s demise.  Scarboro and Weston both started as golf clubs.  Curling was added as a winter complement for golfers.  But then curling became its own entity.  There became a ‘we versus them’ mentality within the clubs, but there was more.  Let us look at the circumstances surrounding those closings and some of the emotional response.

Scarboro Golf and Country Club:  February 13, 2018 –“Scarboro G&CC just had a special meeting this evening to decide the future of curling at the club. Unfortunately the vote Scarboro Curlingdid not go in our favour and it looks like curling will wind up at the club at the end of the season. Many tears shed. A very sad day for our curling “family” at Scarboro.” said Bill Baker.  Hugh McCarrell added: “The golfers don’t understand what impact it will have on them financially, socially and many other ways. They will likely regret this down the road.”

Weston Golf and Country Club:   August, 2018 – Doug Flowers analysed the problems in Weston, but they reflect those of Scarboro:

  • “Curling membership has declined by about 50% from a peak of 600 members;
  • Golf membership at Weston has remained strong …;
  • Curling revenues from fees (do not exceed accounted expenses);
  • Utility costs are increasing, with the following immediate and long term consequences vis a vis curling:

i)                    Later start and shorter season related to costs of installing ice;

ii)                   Higher operating costs and fees;

iii)                 Capital expenditures to make the sixty year old facility energy efficient.

  • Curling in country clubs is suffering generally, while curling in public clubs is thriving. Public clubs have grown in proportion to the growing profile of the game (Olympics), while curling in country clubs has stagnated;
  • The median age of Weston curlers is post sixty..;
  • The (difference) between  …country club curling … and public club curling operation is marketing … Country clubs “hide their light under a basket”…;
  • There is also competition for people’s time. Traditional activities (compete with) 500 channel TV, Netflix, You Tube, and extensive travel.

…A curling entity can better control its destiny …when operating independent of a country club structure. The underlying rationale is that the curling membership … can more readily identify trends, threats and opportunities, and has the skill set and motivation to respond appropriately if their “hands are on the wheel”. “

St. Georges Golf & Country Club: This country club is not gone…..yet, which is why current members have organized to find a way to continue.  The threat was there at least six years ago.  It seems to never go away.

The Facts:

Existing Toronto clubs are oversubscribed – Curling activity is growing.  But facilities are not keeping pace.  Accordingly, the remaining facilities in Toronto are experiencing unprecedented member enlistments. Dixie Curling Club on the edge of Etobicoke was overwhelmed by the influx of curlers in August 2018, as players exited Weston Golf and Country Club. High Park and Royal Canadian Curling Club the two clubs south of Bloor Street have realized an influx of younger players – younger in comparison to the Golf related curling memberships. Their memberships are 124% and 111% of the normally accepted 100 persons per sheet.  Leaside (125%), Tam Heather (105%) and East York (102.5%) are also over the magic 100. What that translates to is that none of the subscribed members can acquire practice time at reasonable hours.

Private run facilities are stronger than public ownership models – Both Royals and High Park are privately owned and operated, while Leaside, Tam Heather and East York are owned by the City of Toronto.  Note that Leaside has the highest membership per sheet.  Since 2014, the curling operations and programming were taken over by Leaside Curling Club.  Since the changes, membership has grown.  The success is due to the fact that there was close appreciation for the way operations and programming interweave.  With eight sheets, Leaside is now has the largest membership of any curling club in Eastern Canada.  Wait lists are happening.

Corporate groups are hard pressed to find facilities. The Toronto Sport and Social Club looks for places for its 20,000 members. They have expressed that they cannot find enough ice time for its members who want to curl.   https://toronto.sportsocial.club/events/ This alone evidences demand. So, why are curling facilities not going up in Toronto?

For one, fees are too low for the amount of ice time available.  Heresy, you say?  Public facilities are skewing the actual cost of participating by subsidizing players with fees that cannot match the costs of capital replacements over time.  Leaside proved that they can attract members with rates that are over the former public fees.  They attract curlers because they provide the services that members want. They also ensure that marketing continues, even after they have reached virtual saturation of usage.

What to Do:

Partner: The City of Toronto needs to know that curling has demand, and at a rate of 1 active curler per 1,000 in urban areas. In their Parks and Recreation Master Plan, there is but one-half a page dedicated to the sport in a 300 page tome. It says that curling is the realm of private providers while acknowledging that the City owns three facilities. Their recreation consultant continues to reflect on outdated statistics about curling.   So, the West End Curling Club (WECC) group has met with councillors and staff to impress that there is a surge of need in the curling community.

The Golf and Country clubs can also be partners.  The WECC is proposing such a partnership as this article is being written.  Understand the underlying reasons why the Country Clubs act the way they do.  They have a curling hall asset that has been depreciated for fifty years and requires replacement and they did not plan the correct amount of resources to curling as their focus is on golf.  It is timely to give them a rationale that others can handle that asset for them.

Build:  There are underutilized hockey and skating arenas in Toronto.  The WECC has enquired and found two such rinks.  The infrastructure is there.  Hockey has plateaued.  Much of the infrastructure has been depreciated and like the golf clubs they need replacement parts.

Six million dollars will get you a typically Canadian curling facility.  But, perhaps we should be watching the neighbours to the south.  Instead of lounges behind the glass, some American facilities are going the route of ‘warm rooms’.  Warm rooms may or may not be separated from the ice by a permanent wall.  By doing this, the facility could be under a single roof, instead of distinguishing the lounge and ice shed buildings.

Promote:  There is a pent up demand for curling in Toronto, a hidden market of 40,000.  The marketing should be easy, right?  The marketing is different in the urban centres. The Toronto Sport and Social Club is a source of curling enthusiasts if the business plan is premised on rentals. If membership is the model then a creative advertising campaign should be associated with unique leagues and event planning.  Urbanites have more opportunities and therefore want less frequent and unique ways to spend their recreation dollar.

Operate:  Take operations of the facility out of the hands of the public bodies.  Ensure that employees understand the flexibility you need to offer unique programs between 8am and 11pm.

Raise your rates:  The rates need to be subject to the operations, promotion and program costs of your facility.  The business plan will determine the rates that are appropriate.  But, it was said before, the rates today are too low for the urban recreationist.

Toronto can be, and is, a hotbed of curling enthusiasm waiting for the right impresario to seize the moment.  WECC could be that impetus for new facilities.  Curling’s demise is greatly exaggerated.

NOTE: Since this article was written for The Curling News, Glendale Golf Club has determined that there will no longer be curling at its site.  This further confirms the clash between curling and golf cultures.

Memory Box – Strathcona Cup 2018

June 22nd, 2018

IMG_00009315 IMG_00009317 The experience of a lifetime compiled in a memory box created by my wife.  The story can be found at: http://yorkurbanist.com/2018/03/16/strathcona-cup-2018/


March 16th, 2018

Final Score, after 53 draws: Canada 1593 stones; Scotland 1268 stones

What is this Strathcona Cup? In 2016, upwards of 300 men applied to participate in The Tour, by sending a curling curriculum vitae with a letter of reference from a previous ‘Tourist’.   On January 9, 2018, forty selected members of Team Canada met for the first time, then left to compete for one of the oldest trophies, originated in 1902, in any sport. Read of the history from Hugh McCarrell, who was instrumental in the success of organizing this 27 day odyssey.  On February 2, 2018, Canada lifted (and drank from) the coveted cup.DSC_5018 DSC_4996

Strathcona Cup 2018 was an elaborate exercise in social dynamics and international curling relations.

This is less a tale of intense athletic achievements, but more about the extension of friendly relationships between two rival countries, both of whom claim ownership of curling dominance. We had some marvelous competition against such legends and world champions as Hammy MacMillan, Alan Smith, Billy Howat and David Reid. In and around the fifth day, it finally sunk in that a Strathcona Cup game was less about the win-loss, and more about how forty Canadian men, none of whom were previously acquainted, could pull together with some 400+ Scots to enhance international and curling relationships that would last.

The odyssey began in Glasgow and ended in Edinburgh.  ‘Couriers’ guided us through daily rituals of morning classes, curling competitions, meals and dress codes.  Each of the Team Canada members had a responsibility: captain; music director; historian; photographer; equipment manager; and more.  Together, we recorded an adventure of a curler’s lifetime where, for 27 days, we were celebrated, wined and dined, given parties and presents, but most of all, created cross-the-pond curling friendships to last.

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Bagpipes and arches of brooms received us at each venue. The response of the Scottish curling community overwhelmed the Tourists.  Tears on the final game day, at the final banquet, and then again when we left Edinburgh were typical, although not all the men would admit it.

It was the Scottish venues and curling programs, though, that relate to Club Corner.  Curling News Unlike in Canada, curling clubs are small groups of curlers who rent ice lane space at a facility. There may be 15 clubs in one facility.  And, those clubs may compete for ice time with the skating public.  Of the twelve rinks visited, three were curling dedicated. One, Stranraer, was attached to our hotel, similar to Montebello, Quebec. Yet another, Braehead, was built as an afterthought on InTu regional shopping plaza near Glasgow. It is only there because of the requirement to get approvals for the retail facility by the developer from the municipal government. The third dedicated rink, Greenacres, is run by owner, Richard Harding.  He has developed a program for juniors, runs many leagues, established a regional training centre for elite curlers, tests curling stones for Kay’s of Scotland and he is considering expansion.  He proved by his entrepreneurship that there is a market for curling in Scotland. This goes against the doom/gloom scenario expressed by many of the Scots who lament the aging demographics of Scotland. Does this sound familiar, my fellow Canadians?

The two countries have similar challenges about where the sport is headed. The spirit of Strathcona Cup helps to enlighten the positive values and the future of curling. And, Scotland and Canada need more Richard Harding’s.

Shut Down the Scarboro Curling Facility!

October 10th, 2017
Curling, Sports, Transportation issues

The shuttering of Scarboro Golf and Country Club is about ego.  Scarboro Curling logo

The announcement echoes from Thornhill, St. Georges, Board of Trade (Woodbridge), Humber Highlands, and Weston. All relented to the arrogance of a community, who themselves are under siege.  Thornhill and St. Georges brought in the accountants, who factored in the benefits of curling keeping the club open in the winter.  They remain…for now.  Board of Trade also brought in the accountants, who, by virtue of discussions only with golfers, determined that the curling facility was a drag on the club.  Interestingly, the club found need to sell within a few short years.  Humber Highlands, well, I am too young to understand what happened there, but I suppose it might have to do with non-curling accountants and golfers.  And the rumours abound about Weston.

But Scarboro is different, I suppose.  The accountants are unlikely to have dictated the demise of curling at SG&C.  Metrolinx is the fall guy!  That fat transportation group needs the land for their new transportation facilities. The interesting part though, is that the new facility did not have to go where the curling facility is today! SG&C chose to allow the curling function to leave the premises.  Yes, they got their compensation, but curiously, could a part of the compensation have gone to a rebuild?

Return to the other golf and curling clubs.  They are unable or reticent to treat the curling functions of their clubs as a business entity. Golfers pay a princely sum to afford the maintenance of 150 acres of land plus programming in their extravagant edifices. When curlers are introduced into the mix, more persons can afford this less expensive facility investment.   This is where the conflict arises.  The golf club members (who do not curl) endear their exclusivity, created by the privilege of their fees. In the 1960′s, when curling became an exceptional add-on to a Country Club, the golfers never contemplated curling plebes.  The exclusivity for the golf member is diminished by participants in the curling facility paying much lower rates.  Now, as curling facilities age, the ego of the golf members holds court.

But golf is a battered sport. Their facilities are depleting. In a way, they may have reacted by protecting their own turf. But for a former curler, Mackenzie Hughes, and a young Canadian phenom, Brooke Mackenzie Henderson, there might be few hooks onto which the golf community to put its hat.

The curling fraternity should not lament the loss of six sheets of ice.  The curling community should look inwardly to determine if they have a business case  And, there is a case to be made for year-round facilities and in the economic benefits that curling derives.  See http://yorkurbanist.com/2017/02/10/collingwood-cc-a-curling-success/ and http://yorkurbanist.com/2015/01/29/2015-ontario-scotties-as-economic-generator/  New facilities could be part of new residential, commercial or recreation developments, if only the entrepreneurs could also be curlers.

Curling – English Language Lexicon

February 28th, 2017

The sport is healthy when it enters the English language lexicon as a descriptor.


Substituting “curling” for “helicopter” to describe the way parents sweep up their children’s errors may seem like derogatory terminology. But the mere fact that Canadians would understand and relate to the use of the sport’s name indicates that the sport itself is becoming more broadly recognizable.

There are upwards of 800,000 Canadians who participate in the sport. But there is increasing viewership of televised and streamed events. Last year, over 5 million watched any or all of the Brier Championships. “.. every once in a while, something happens that illustrates just how big curling is in Canada. One of those came Saturday night, when the Tim Hortons Brier semifinal drew (curling reference intended) an average of 896,000 viewers to TSN. That wasn’t a record, but what made it stand out was the fact that more people watched curling that night than watched the Toronto Maple Leafs on Hockey Night In Canada — a lot more.”


Collingwood CC – A Curling Success

February 10th, 2017
Curling, Recreation

Photo Curling Canada/Brian Chick

I remember less than ten years ago a club in Collingwood with maybe 150 players, a struggle to keep the doors open to this six sheeter. I looked away and suddenly they have 500 members! And 66% are over 50!  A club with an average age over 60 could hardly be sustainable… Not only are they sustaining the club, but they just invested half a million into their facility! So how does that work?

Club Secretary, Bob Riches explains:

The age demographic should not be surprising, since it is representative of Collingwood. The Town has been the receptor for previously seasonal residents who either skied in winter or hiked in summer.  Their retirement led to moving to the place that brought back fond memories.  Still, many seasonal persons are full members at the low, low price of $325 for full membership; or $200 to join for one league a week. This compares to over $800 for a country club curling facility in the GTA. So, how do they remain solvent and progressive?  Volunteers! Players from the city, having retired look for replacement for their time previously spent in the office.  And they have business skills to keep honed. Having planned their finances to survive retirement, there is less stress to make ends meet. Here are a few of their successes:

  • School program – 5 elementary schools have every child attend the facility – all free – 18 volunteers from the club run the program. Guess what happens? All students have exposure- it comes back to the curling facility in spades when former students return with their families.
  • Three icemakers maintain the ice – only one full time. All are kept up-to-date with recent courses.
  • The day I spoke with Bob, there was a Probus club spiel going on– all volunteers coordinated the spiel. One of the tenets of my appeal to clubs is to partner.  They invited the Probus Club.  They will realize new members soon.
  • They sent  100 members to get training in SmartServe so that there is always a bartender available. The result is $60k in bar revenues, at prices found nowhere else.
  • Prime time is daytime. Most clubs are trying to fill daytime ice.  Not in Collingwood.  They could shutter at 9pm, but they don’t.
  • Jitney curling – league every day – no obligation to attend. This flexibility for members allows players to take time off when they want, but keeps them active socially. They only have one competitive league!
  • 6 end games are being proposed, because they understand their market.  An hour and a half on the ice is long enough.  This will lead to efficient operations and encourage new players.
curling___Collingwood grand reopening

John Edwards photo, simcoe.com

Hats off to Collingwood.  A curling success story.

Curling Fallback

February 23rd, 2016

Corn broomAll this ‘broomgate’ has taken us back to our roots with Smithsonian now as the experts on the roaring sport. Our Bikini Curler, by Atlas Brush Ltd. came with an instruction manual authored by Ken Watson. Its round shape (patent pending), …”is the choice of Top Curlers throughout Canada”. “A nylon cord six inches from the bottom (concealed by the skirt) supplies the built-in ‘Spring-Steel whip’ – and a pleasing ice slap.”

Does that now become unauthorized under current rules, since it is an insert?  If so, I have a guarantee from Atlas Brush Ltd., Winnipeg and I’m going to return it for a refund.

And more information regarding a lawsuit from https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/4714/index.do

In 1955, one F.M. developed a new type of curling broom. In March 1958, a patent was issued to the inventor and was assigned to the plaintiff in January 1959. The latter, in March 1962, petitioned for a reissue of its patent, stating that it was deemed defective because of insufficient description or specification and because, in certain respects, the inventor had claimed more and, in others, less than he had the right to claim as new. On January 1963, a reissue patent was issued to the plaintiff pursuant to s. 50 of the Patent Act, R.S.C. 1952, c. 203.

The plaintiff sued the defendant in respect of alleged infringement of these patents and sought a declaration that, as between the parties, the original patent was valid up to the date of the reissuance and that the latter was a valid patent. The defendant counterclaimed for a declaration that both patents were invalid. The action was dismissed by the trial judge and the declaration of invalidity was granted. The trial judge held that the broom in question was the embodiment of an invention of which F.M. was the inventor, but that the inventiveness was neither disclosed nor claimed in the original surrendered patent.