High Court of Australia
High Court of Australia Menzies J. Re General Tire and Rubber Co's Patent [1968] HCA 26
ORDER Application dismissed with costs including the costs of the Commissioner of Patents.
Cur. adv. vult.
May 14 Menzies J. delivered the following written judgment:—
The petitioner, The General Tire and Rubber Co., is incorporated in the United States of America. It was the holder of Australian letters patent 152,872, which expired on 20th November 1966. Considering that it had been inadequately remunerated by its Australian patent, it is seeking extension of that patent for a further term. Its petition is opposed by The Olympic Tyre and Rubber Co. Pty. Ltd., Polymer Corporation Ltd. and The Firestone Tyre and Rubber Co.. The Commissioner of Patents has been represented at the hearing and the submissions of his counsel have been of assistance to the Court.
The patent in question relates to oil-extended synthetic rubber for the making of rubber tyres produced by mixing in the latex stage at least thirty parts by weight of oil with a polymerizing product having a "computed Mooney plasticity of at least ninety", i.e., "tough" synthetic rubber. It is stated in the specification: "We have found in accordance with the present invention that the tough rubbers which were considered unprocessable and not suitable for making extruded tire treads in production may be mixed with relatively large amounts of one or more compatible oils or plasticizers to provide compounds of exceptional quality. Such compounds containing large amounts of softener have produced tire treads superior to those produced with the general purpose synthetic rubbers heretofore available and at very much reduced cost. The softener is incorporated, in accordance with the present invention, in the rubber before the rubber is deteriorated by mastication and preferably while the rubber is in a finely divided state such as is present in aqueous dispersions or in a crumblike state with small particles which may be separated by a pigment such as carbon black."
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