PAPER SACKS PTY. LTD. V. COWPER

JUDGMENT.

This 4s a petition under section 86 (4)(b) for the revocation

of letters patent dated as of 17th February 1925 granted to the Bates

Valve Bag Co. in respect of an alleged invention for improvements in paper bags. The purpose of the invention is to provide a container which will resist a considerable amount of rough usage or will hold heavy charges , such as cement. The bag described by the specifica- tion congsiste of several plies of light weight paper fastened together

only at the ends so that at the places subjected to bending they are

a. relatively moveable. The ends are fastened by sewing or stapling

or the like, A valve is or may be provided for the purpose of filling and closing the bag. The valve is made at an end of the bag where the ov nultiply walls are fastened by sewing stapling and it is formed by SR / folding in gf the wall, of the bag at this point. An orifice is thus made into which the material is poured, When the beg is filled ite

contents fall or press against the infolded paper and so close the

valve or funnel, The petitioner claims that the patent should be

revoked on the grounds that in the state of knowledge at the date of the patent the alleged invention poesessed no eubject matter, that

it was not novel, that it had been anticipated, that before the

application for the Sobers patent it had in Australie been actually communicated to the public and that the specification is insufficient and ambiguous. Before any detailed consideration of the nature of the alleged invention and of the specification ascertaining it, some des- eription is necessary of the state of common knowledge. Many substances are so fine that they tend to escape through containers of jute or other woven material which is aleo not so impervious to mois- ture as paper. For these and other reasons the use of paper bags ies desiratie, if the objections to paper on account of its weaknesses can be'overcome, If strength and durability are sought in the stoutness: