IN THE MATTER OF LETTERS PATENT NO. 100191 GRANTED TO OSCAR ADOLPH MENDELSOHN AND LLEWELLYN JOHN HOWELLS AND ASSIGNED TO VACUUM EXTRACTORS LIMITED

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IN THE HIGH COURT OF AUSTRALIA

IN THE MATTER OF LETTERS PATENT NO.100191 GRANTED TO OSCAR ADOLPH

MENDELSSOHN AND LLEWELLYN JOHN HOWELLS

AND ASSIGNED TO VACUUM EXTRACTORS LIMITED

REASONS FOR JUDGMENT

IN THE MATTER OF LETTERS PATENT NO. 100191 GRANTED TO

OSCAR ADOLPH MENDELSOHN AND LLEWELLYN JOHN HOWELLS AND

ASSIGNED TO VACUUM EXTRACTORS LIMITED

JUDGMENT Kimo J.

IN THE MATTER OF LETTERS PATENT: NO. 100191 GRANTED TO QSCAR_ADOLPH MENDELSOHN AND LLEWELLYN JOHN HOWELLS AND

ASSIGNED. TO VACUUM EXTRACTORS LIMITED,

JUDGMENT KITTO J.

Vacuum Extractors Limited, as assignee of letters patent No. 100,191, dated 6th January 1936, applies by originating summons under s. 84 of the Patents Act 1903-1950 for an extension of the term of the patent upon one ground only, namely that by reason of hostilities it has, as patentee, suffered loss or damage.

The patent is for an invention relating to the removal of the content of egge or like commodities. The comple te specification refers to two previously known methods of commercially removing the liquid content of eggs, namely cracking the eggs by hand and emptying the content into a container, and cracking the eggs between mechanically-operated rollers. Both methods are said to suffer from the disadvantage that the content comes into contact with the outside of the shell which is usually heavily contaminated with bacteria. The patented invention provides for a hollow needle adapted to be inserted through the shell, and the application of suction to withdraw the content through the needle. The specification describes the idea and an embodiment of it in the form of a machine, This machine was never used, In 1939 the applicant compeny took out letters patent No. 111,747 for "improvements in and relating to machines for manufacturing egg pulp"; and it is in the 'complete specification for that patent that one finds a description of the only machine which the applicant has attempted to exploit commercially.