Day v Perrott [1924] HCA 14

34 C.L.R.] OF AUSTRALIA.

as the declared willingness of Parliament that public moneys should be applied and that specified funds should be appropriated for such a purpose is a necessary legal condition of the transaction. It does not annihilate all other legal conditions.

The statutory contentions of the respondent failing, we are of opinion that, quacunque via, the appeal must succeed.

Appeal allowed. Judgment appealed — from rescinded. Judgment for defendant with costs. Respondent to pay costs of appeal.

Solicitor for the appellant, Gordon H. Castle, Crown Solicitor for the Commonwealth. Solicitors for the respondent, Lynch, McDonald & Elliott.

Beals {HIGH COURT OF AUSTRALIA.) DAY : é é J - j A - APPELLANT; APPLICANT, AND PERROTT. : 3 e ° 3 < . ResponDENT. Oppon

Patent—Application—Opposition—Disconformity between provisional and complete specifications—Construction of specifications—Patents Act 1903-1921 (No. 21 of 1903—-No. 24 of 1921), secs. 35, 56, 65.

'The appellant lodged, pursuant to the Patents Act 1903-1921, a provisional specification for an invention called "improvements in toys and elements for construction thereof," from which it appeared that the object of the invention was in toys, similar to the well-known Meccano, to provide rigidity without the use of bolts and nuts. This object was to be obtained by so shaping the ends of each element that, when the end of one was passed through a hole in another,

H.C. or A,

Common WEALTH

H. C. or A. 1924. ~~

MeLrourne,

Mar. 6,7:

May 26.

Knox ©.

Gavan Duffy, Rich and Starke JJ.

HIGH COURT

the two could be locked together by a key, and one form of key indicated was a pronged key which would fit tightly into niches one on each side of the end, _ which was passed through the hole. In his complete specification one of the appellant's claims was for a means of locking clements together which was independent of the shaped ends of the elements and was not referred to in his