High Court of Australia
58 C.L.R.] OF AUSTRALIA. 689
authority, then it seems to us that the indefiniteness arising from H- C. oF A. the use of the words " preferably " and " preferred " is fatal to the ees claim. Kavzat
The third claim, however, is clearly infringed by the appellant's : appliance and, in the view we take of the case, the fifth claim becomes pion g. immaterial. We think the decree should be amended to limit it to "7"™"* the third claim in the specification. Subject to this variation, the
appeal should be dismissed with costs.
Subject to a variation in the decree appealed from, appeal dismissed with costs.
Solicitor for the appellant, J. J. Lynn. Solicitors for the respondent, W. A. Windeyer & Co.
J. B. iefd to pe Eisen-Und i Haigh & Pharmaces- ve Erlay Aktien. iss r 1995) S4IPR Atkinson, peat B go nek fi 10 Se '35 IPR 643 {HIGH COURT OF AUSTRALIA.] ACME BEDSTEAD COMPANY LIMITED . . APPELLANT ; Prarie, AND NEWLANDS BROTHERS LIMITED . 2 . RESPONDENT. DEFENDANT, ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES. H.C. or A. Patent—Validity—Subject matter—Obvious addition to existing device—A pplication 1937. of well-known mechanism to obvious use—Prior publication. we Sypney, In 1929 the plaintiff obtained letters patent for improvements to hospital coy, 1.3;
beds, the object of the patent being to allow one end of the bed to be raised Nov. 24. and to facilitate the moving of the bed. The elevating means consisted of a) hollow member attached to the end of the bed between the legs and having Ke an opening therein, a telescopic post (with teeth) non-rotatably mounted in
this member and having castor feet, and a pawl and ratchet device for elevating
Vou. Lym. 46
H.C. or A. SZ AcM
BrpstEaD Co. Lrp.
HIGH COURT [1937.
and lowering the bed, the pawl going through the opening of the outer member and engaging in the teeth which constituted the ratchet. 'The 1929 patent differed from a patent granted to the plaintiff in 1928 in that a ratchet and pawl device was substituted for a device of openings in tubes and a lever with a curved bolt as a means of elevating the bed and in that a non-rotatable
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