High Court of Australia
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i ORBIT ELECTRIC COMPANY LIMITED V. RAPID ELECTRIC ETC LIMITED AND ANOR.
STARK, Je
This is an appeal from a decree of the Supreme Court of New South Wales - (Leng Inmes J.) restraining the infringement of Letters Patent of an inwen- tien for "an improved electric heating appliance of the immersed element typé The complete specification ef the invention sets forth that the main object of the invention ie to provide a simple and efficient heating appliance in which the heating element ia brought inte direct contact with the liquid, or semi-liquid, te be heated. A further object of the invemtion is to pro-~ vide means whereby the liquid contents of any vessel or container cannot be poured out until the current is cut off, those means being also utilised + for making the electric connection. The Specification then describes a simple ferm of appliance, but states that the details of construction and design may be varied. The fexm selected consists of a vessel made of non-conducting material such as earthern-ware, with projections or luge on the inner wall, adapted to maintain rods supporting the immersed element, and having contact paints at their upper ends. A lid er eever for the vessel is also previded of non-conducting material, with means whereby it may be connected to a source >4 _.sf.electric supply, a closed chamber within the lid, contact pieces within the chamber, and openings ix the wall of the chamber, through which eontact tongues project whan the lid er cover is placed in pesitien upen the vessel, in erder te make contact with the centact pieces within the chamber and therer 'by complete the cireuit through the immersed element. And to discharge the contents of the vessel, it is thus necessary to remove the lid or cover, and dim doing so the contact paints become disengaged and the electrical suszent circuit is broken - the remeval ef the lid or cover acting as an automatic sviteh or cut out. But the inventien elaimed by the first claim of the Specification is expressed in very general' terms, and on ita validity the rer mult of this appeal depends. It is as follows: "In an electrie water-heating appliance a vessel or container provided with am lid er cover adapted te be connected' with any suitable source of electric supply and to complete the eleetric current through an immersed element when the lid or cover is placed in position upen the vessel for the purpose mpeeified*. Appliances for electrically heating liquids were common enough, and varied in design. The heating element was generally enclosed, md not brought into di- rect contact with the liquid. But appliances of the immeraed element type,
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