CORBETT AND ANOTHER V. ENVOUR SYNDICATE PROPRIETARY LIMITED

IGH COURT OF AUSTRALI

ARONA oe

Delivered. at. SYDNEY, MONDAY , oo Luth AUGUST, 1!

40358 A. H Pertiren, Acrixe Govr. Prixt.

CORBETT & ANOR'. ve ENVOUR SYNDICATE PROPRIETARY LIMITED.

ORDER.

Appeal allowed with costs. Order of Deputy Commissioner set aside and in lieu thereof ordered that the opposition be allowed with costs and that tadbatent applied for should not

be granted.

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CORBETT & ANOR.

ENVOUR SYNDICATE PROPRIETARY LIMITED.

REASONS FOR JUDGMENT. LATHAM C.J.

CORBETT & ANOR.

ve

ENVOUR SYNDICATE PROPRIETARY LIMITED.

REASONS FOR JUDGMENT. LATHAM C.J.

This is an appeal from a decision of the Deputy Commissioner of Patents in opposition proceedings by the appellants to a grant of a patent to the respondent. The opposition is based upon an objection

that the invention for which the respondent seeks a patent (No.

114865) has been patented in the Commonwealth on an application of prior date, namely No. 102040, 14th July 1936 - Patents Act 1903-1935, sec. 56(c). The Deputy Commissioner was of opinion that the invention applied for had not been patented as alleged and, accordingly, granted the patent for which application was made.

: The invention for which a patent was claimed by the applicant relates to improvements in the manufacture, recovery and concentration of aliphatic organic acids. The object of the invention as stated in the complete specification was to enable such acids to be produced in high concentrations in a simpler and cheaper manner than had theretofore been the case. The specification stated that known processes applied zeotropic distillation for the purpose of concentrating acids by using entraining agents, but that it had not hitherto been possible to use entraining agents which were the most advantageous from the point of view of thermal efficiency, so that more than one operation was required in order to procure a high degree of concentration.