High Court of Australia
IN THE HIGH COURT OF AUSTRALIA.
x
Paper Sacks Pty., Ltd., and anor.
REASONS FOR JUDGMENT.
Judgment delivered at Sydney ___..
HL. J, Gnenw, Government Printer, Motbourne, ston,
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pik eee
COWFER Vv. PAPER SACKS PROPRIETARY LTD.
RENT STARKE J.°
The appellant is the proprietor of Letters Patent 21009/25 for improve- . \
ments in paper bags, and he applied under Sec. 71 of the Patents Act 1903- 1921 to amend his complete Specification by way of disclaimer correction or | explanation. The Commissioner refused the application, and an appeal is now vrought to this Court, pursuant to Sec. 75 of the Act.
It is not material in this case to consider whether the amendments pro-
posed by the patentee were by way of disclaimer correction or explanation
(see Minerals Separation Ltd. v. Potter's Sulphide ete Ltd & C.L.R. 779), because Sec. 78 of the Act provides that no amendment shall be allowed that would make the Specification, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the Specification before amendment. The Specification of the invention states that it relates to paper bags of the kind adapted for heavy service - that
ts, for containing such heavy charges or for standing such rough usage as woujd necessitate a single layer of paper for forming the walls thereof be- ing of such a thickness that it would be cracked or seriously weakened by :
folding. The Specification in describing the invention sets forth three
main elements: /
1. Making the walls of the bag of a plurality of plies of paper.
2. Closing the bag and reinforcing the closure by means of strips of mate
3, Providing an opening, or, as it is called, a valve, in the bag, for the purpose of filling it.
It seems a simple even if it be a useful invention, but the inventor in his
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