MINNESOTA MINING AND MANUFACTURING COMPANY AND ANOTHER V. BEIERSDORF (AUSTRALIA) PTY. LTD.

IN THE HIGH COURT OF AUSTRIA 2

. MINNESOTA. MINING. AND -MANUFAOTURING «+++: COMPANY AND ANOTHER

.. BEIERSDORF. (AUSTRALIA) PDY.. L€D.+ +++ +++

ORIGINAL

REASONS FOR JUD

Judgment delivered at .SYDNEF..........

on .. WEDNESDAY: 15-MARGH-t97g terre eee ee

MINNESOTA MINING AND MANUFACTURING COMPANY AND ANOTHER

BEIERSDORF (AUSTRALIA) PTY LTD

JUDGMENT MURPHY J.

MINNESOTA MINING AND MANUFACTURING COMPANY AND ANOTHER

Vv.

BEIERSDORF (AUSTRALIA) PTY LTD

The plaintiffs, Minnesota Mining & Manufacturing Co. and

3M Aus.Pty Ltd claim that the defendant, Beiersdorf (Australia) Pty Ltd has infringed claims 7, 8 and 9 of Letters Patent No. 260604. The patent has the title, "Breathable Adhesive Tapes" and the relevant claims are:

"7. A breathable translucent pressure-sensitive ad- hesive tape adapted for use as surgical tape, and comprising a translucent non-woven inextensible porous backing form of interlaced staple textile fibers unified by a water-insoluble rubbery fiber-binding sizing agent, carrying an interlocking visibly contin- uous adhesive coating having a microporous structure adequate to permit perspiration transpiration when applied to the human skin and being of a nature that is relatively non irritating to the human skin as here- inbefore defined, said adhesive coating consisting of a water-insoluble hydrophobic viscoelastic pressure sensitive adhesive polymer.

8. An adhesive tape according to claim 7 wherein said elastic pressure sensitive acrylate polymer.

9. A breathable translucent pressure sensitive ad- hesion surgical tape consisting of a thin inextensible non woven translucent porous backing formed of a com- pacted tissue of interlaced staple textile fibers unified by a nontacky hydrophobic rubbery acrylate polymer sizing carrying a partially penetrating thin transparent hydrophobic pressure sensitive adhesive coating of a nature that is relatively non irritating