IN THE MATTER OF LETTERS PATENT NO. 110859 GRANTED TO MELLOR BROMLEY & CO. LIMITED AND OTHERS AND ASSIGNED TO MELLOR BROMLEY & CO. LIMITED AND SUNSPEL LIMITED

G4 bb. 194 72

IN THE HIGH COURT OF AUSTRALIA

IN THE MATTER OF LETTERS PATENT

NO." TT0859 GRANTED TO MELLOR BROMEEY & CO. LIMITED AND OTHERS AND ASSIGNED TO MELLOR BROMLEY & CO, LIMITED AND SUNSPEL LIMITED

REASONS FOR JUDGMENT

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Judgment delivered at... MBLBOQURNE

W. M. Houston, Govt. Print, Meth, on ZRIDAY,..319T MAY,..1957.....

©1908 /55

IN THE MATTER OF LETTERS PATENT NO.110859 GRANTED TO MELLOR BROMLEY & CO. LIMITED AND

OTHERS AND ASSIGNED TO MELLOR BROMLEY & CQ. LIMITED AND SUNSPEL LIMITED.

ORDER

That there be a re-grant of Letters Patent No.110859 for the term of eight years from the expiration of the original grant, that is, from the 9th August 19545 subject to the conditions imposed in Ex parte Celotex Corporation; In Re Shaw's Patents (1937) 57 C.L.R. 19

at pp.25, 26. The applicants will pay to the Commissioner of

Patents his costs of this application. This order to be subject to the filing of an affidavit of nationality and disclaimer of enemy interest

by the four original individual patentees.

Ys

/

IN THE MATTER OF LETTERS PATENT NO.110859 GRANTED TO MELLOR BROMLEY & CO. LIMITED AND OTHERS AND ASSIGNED TO MELLOR BROMLEY & CO. LIMITED AND SUNSPEL LIMITED.

JUDGMENT WEBB J.

IN THE MATTER OF LETTERS PATENT NO.110859 GRANTED TO MEBLLOR BROMLEY & CO. LIMITED AND OTHERS AND ASSIGNED TO MELLOR BROMLEY & CO.

LIMITED AND SUNSPEL LIMITED.

This is an application for the extension of Patent No.110859 dated 9th August 1939 on the ground of war loss. The subject matter of the patent comprises (1) a knitted fabric for garments of a luxury type, (2) a method of knitting the fabric, and (3) a machine for knitting it. The application is made under s. 95 of the Patents Act 1952-1955, put after the time prescribed by s. 95(5). However, I decided to allow it to be made.

The application for this patent was based on the application of Mellor Bromley.& Co. Ltd. and four individuals for United Kingdom Patent No.518787 dated 30th September 1938, No licences have been granted under that patent.