Federal Court of Australia
CATCHWORDS
\ Patent - opposition to grant - refusal to grant - appeal - combination patent - novelty - paper antici-
\ pation - obviousness - expert evidence.
Patents Act (1952) s.59(1)(g), (h) (i)
DENNISON MANUFACTURING COMPANY v. MONARCH MARKING SYSTEMS INC.
VG No. 130 of 1981
Smithers, Fox and Franki JJ. 28 July 1983
Melbourne.
ha THE FEDCRAL COURT OF AUSTRALIA )
VICTORIAN DISTRICT AEGISTRY } VG No. 130 of 1981
Ae annem .
GONERAL DIVISTON )
On apoeal from a Judge of the I Ae cl Supreme Court cof Victoria
BETWEEN: DENNISON MANUFACTURIN
COMPANY Appellant AND: MONARCH MARKING SYSTEMS Respondent
ORDER
JUDGES MAKING ORDER: Srithers, Fox and Frank
WHERE MADS: Melbourne DATE: 28 July 1983
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The appellant is to pay the respondent's costs of the appeal
and the costs of the application for leave to appeal.
3. The tame within which the appellant 1s at laberty to submit to the Commissioner proposals for amendments to the specification is extended until]. three {3) months from today or for such further
period as the Commissioner may allow.
oe
IN THE FEDERAL COURT OF AUSTRALIA
) ) . VICTORIAN DISTRICT REGISTRY ) VG No. 130 of 1981 ) )
GENERAL DIVISION
On appeal from a Judge of the Supreme Court of Victoria
Between: DENNISON MANUFACTURING COMPANY
° (Appellant)
And: MONARCH MARKING SYSTEMS INC.
(Respondent)
CORAM: Smithers, Fox and Franki JJ. 28 duly 1983
REASONS FOR JUDGMENT
SMITHERS J.: This is an appeal, with leave, from the Supreme Court of Victoria (Fullagar J.) in which a decision of the Acting Deputy Commissioner of Patents refusing the grant of
letters patent to the appellant was upheld.
I have had the advantage of reading the reasons for judgment herein of Fox and Franki Ju. On a question of construction of the specification and claims in suit and the
earlier Bayetto specification I have been brought to a conclusion at variance with that of my brethren. However the framework of the appeal and the iaw relating to the matter are discussed in the reasons of Franki J. and the relevant facts are stated therein. As a result I take the liberty of refraining from re-stating those facts and of regarding that
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate