HPM Industries Pty Ltd v Gerard Industries Ltd [1957] HCA 47

High Court of Australia Williams J. HPM Industries Pty Ltd v Gerard Industries Ltd [1957] HCA 47

ORDER Suit dismissed. Counterclaim allowed. Order that Letters Patent No. 161,893 be revoked. Order the defendant to serve on the Commissioner of Patents an office copy of the order for the revocation of the Patent. Plaintiff to pay defendant's costs of the suit and counterclaim. Judgment to be entered accordingly.

Cur. adv. vult.

Williams J delivered the following written judgment:—

July 5 Williams J

The plaintiff, a manufacturer of electrical appliances and accessories, is suing the defendant, a business competitor, for infringement of its Letters Patent (No. 161,893, priority date 10th October 1952) for improvements for or relating to switch cover plates. The defendant has denied infringement. It has pleaded that the invention so far as claimed in any claim was not novel and was obvious and did not involve any inventive step having regard to what was known or used in Australia on or before 10th October 1952. It has counter-claimed for revocation of the letters patent. The specification of the invention is short and concise and contains only two claims. It states that: "The present invention relates to switch cover plates such as are used to cover the switches commonly used in domestic lighting circuits where such switches are mounted below the surface of a wall or architrave. The object of the present invention is to provide a cover plate which is of particular value where it is desired to mount a plurality of switches close together one above the other on an architrave, in such a manner that the work involved is reduced to a minimum and a neat appearance is produced. The invention consists of a switch cover plate formed by moulding thermo-setting plastic material in which the width of the plate is substantially less than its length and having apertures in the plate spaced one above the other through which the tumblers of switches attached to the rear of the plate may project, a hole near each end of the plate whereby the plate may be screwed to a wall, architrave or other surface, a plurality of bosses moulded integrally with the plate, one immediately below one immediately above each of the apertures there being a blind, internally threaded hole in each boss whereby switches may be screwed to the rear of the plate by means of screws not visible from the front thereof. By the expression "the width of the plate is substantially less than its length" it is meant that the length is at least three times as great as the width." After describing and illustrating a preferred embodiment of the invention it states that: "With the plate according to the invention it is possible to mount the two switches in a very short time as it is necessary to make only one hole. The necessity for lining the switches up one above the other, which is the case when separate switches are used, as is usual is avoided, as the lining up is performed automatically by the plate. Time is also saved owing to the fact that there is only one plate to be fixed. The appearance of the architrave is also improved by the use of the single plate for the two switches. Switch cover plates according to the invention may be made to accommodate three or more switches if desired and may be made in any suitable material." There are two claims, the text of which is as follows: "1. A switch cover plate formed by moulding thermo-setting plastic material in which the width of the plate is substantially less than its length and having apertures in the plate spaced one above the other through which the tumblers of switches attached to the rear of the plate may project, a hole near each end of the plate whereby the plate may be screwed to a wall, architrave or other surface, a plurality of bosses moulded integrally with the plate, one immediately below and one immediately above each of the apertures there being a blind, internally threaded hole in each boss whereby switches may be screwed to the rear of the plate by means of screws not visible from the front thereof. 2. A switch cover plate substantially as shown in and as described with reference to the accompanying drawings."