JOYCE V. STRONACH 34/1939

cus

Ao 3 +f of 19 BF en.

IN THE HIGH COURT OF AUSTRALIA.

ORIGINAL

JOYCE

v.

STRONACH.

REASONS FOR JUDGMENT.

Judgment delivered at SYDNEY. om...... FRIDAY THE 30th AUGUST, 19140.

JOXLCE V STRONACH

Appea} dismissed with costs.

JOYCE V_STROWACH

JUDGMENT, STARKE J.

Appeal from the Commissioner of Patents refusing to grant Letters Patemt to the appellant Joyce in respect of an invention which he claimed to have made in respect of

"apparatus for transporting and emplacing stone and other

structural material in the building of breakwaters and moles", The first claim sufficiently describes and ascertains the invention. It is:- "Apparatus for carrying out breakwater and the like construction worlts, comprising a mast, a slewable boom with a traveller thereon fitted with lifting and lowering devices, a pivotal mounting fot the butt of said boom at the mast base, guy ropes suspending said boom from the upper part of said mast, a three-point support for tue base of said mast, (two points spaced apart laterally below it and the third point on a rearwardly extended member of it) said points carried on bogies running on two parallel rail tracks spaced apart and laid in the surface of the partially completed work, an intermediate track on which the building material is transportable over the built portion of the work to an advance position on the line of work in progress said mast base support straddling said intermediate track counterweights suspended from lateral outriggers, and guys connecting said masts to said rearwardly extended member and to said outriggers, said sukeiggexx counterweights and guys together maintaining the wast in an upright position on the mast base", The application was dated the 15th. October 1934 and was accepted on the 13th. November 4954 but the complete specification was not accepted until the i5th. October 1935, An amendment was made in 1956.