High Court of Australia
6,7108/61
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3. J Gourley, Gort. Print, Mb,
URUGINAL,
IN THE HIGH COURT OF AUSTEALIA
REASONS FOR JUDGMENT
CHARLES BUTLER HUTCHISON
@HE COMMISSIONER OF PATENTS
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GH Sa
WILLIAMS J. KITTO J.
TAYIOR J.
CHARLES BUTIER HUTCHISON ve
THE COMMISSIONER OF PATENTS
JUDGMENT (ORAL) WILLIAMS J. , KITT J. TAYLOR J.
WILLIAMS J: This is an appeal, as it is called, by the applicant under sec. 47 of the Patents Act 1903-1950 from a decision of the Deputy Commissioner of Patents under sec. 46 of that Act refusing to accept the application and specifi- cation of the appellant for the grant of letters Patent for an alleged invention for an improved sheet for building and other industrial purposes.
The ground on which the Deputy Commissioner refused the application was that the alleged invention lacked novelty because of the disclosures in the specification of a prior Patent No. 19268/24, dated the 21st August 1924.
The specification filed in support of the appli- cation describes the alleged invention in these terms. "The combination sheet consists of a combination of metal particles as a minute lamination with a solid but pliant hydrocarbon such as bitumen or asphalt or other pliant cementitious materials (all of which are hereinafter embraced by the term "bituminous substance") alone or as a coating or lamination with some other material or substance. For most purposes the bituminous substance is applied as a lamination to some other material or substance, such as paper or textile or felt or composition boards or asbestos cement sheets or concrete.
The metal particles are applied to the bituminous substance in a spraying operation. The metal particles can be of any metal or alloy adaptable to spraying. For most purposes
lead or aluminium or zinc or copper is employed."
2.
The sheet may, therefore, comprise either two or three layers of material, 'the "top layer in each case consisting of metal particles of lead, aluminium, zinc or copper, which are applied to the bituminous 'substance immediately below by "a spraying process".
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