MARFLEET & WEIGHT LIMITED V. THE NATIONAL MACHINERY CO.

IN THE HIGH COURT OF AUSTRALIA

GHT_ LIMITED,

ORIGINAL _

REASONS FOR JUDGMENT

Judgment delivered at... SY¥ANCY ee Ww. M, Housrow, Govt. Print, Meth on Friday,y..7th. December..1.956..

©.3978/85

MARFIEET & WEIGHT LTD.

Ve

THE NATIONAL MACHINERY CO.

ORDER

All questions for determination are answered in the affirmative. Adjourn further consideration of the petitions.

Liberty to both parties to apply.

us EET & WEIGHT LID.

Ve

THE NATIONAL MACHINERY CO.

MARFLEET & WEIGHT LTD.

Ve

THE NATIONAL MACHINERY CO +

FINDINGS. WEBB J.

This is the trial of issues directed in proceedings by way of petition for the revocation of Patents Nos. 154733 and 155572 in the name of the respondent. The petitioner has also instituted an action under s.120 of the Patents Act on the assumption that the patents might not be revoked.

The subject matter of the patents is an apparatus for metal rolling mills. No.154733 covers the construction of the machine itself; No.155572 relates to the method of securing the roller to the shaft. The specifications claim a rolling mill which comprises in combination a pair of operating gap-rolls, a continous rotating fly-wheel, a clutch for transmitting fly- wheel rotation to the rolls and a brake for arresting rotation of the rollers, being an automatic stock gauge mounted onthe mill in alignment with the roller to be engaged by a blank passed through the gap in the rolls. If, say, an ordinary two-ended spanner is to be made a piece of iron is heated until red hot, but before the actual forging is done this red hot iron is put into something like the shape of the spanner by a preforming operation done by the rolls, which, when the shaping is done, automatically returns the roughly shaped metal towards the operator. It is then stamped into its final shape by an adjacent drop-hammer. These rolling mills are termed reducerolls and are in different sizes, including Nos2 and No.6.