Dabscheck v Hecla Electrics Pty Ltd [1936] HCA 49

Baber Hols nf y fillar (1998) Ml

418 HIGH COURT

(HIGH COURT OF AUSTRALIA.)

DABSCHECK é 5 s 4 z 5 . Perino

AND

H.C. ov A, Patent—Specification—Several claims—Invalidity of one claim—Validily of

1936. claims unaffected—Patents Act 1903-1935 (No. 21 of 1903—No. 16 of oe al sec, 61. MELBOURN:

Sec. 61 of the Patents Act 1903-1935, which provides that "where th plete specification contains two or more claims in respect of the inven invalidity of any one claim shall not affect the validity of any the validity of the patent so far as it relates to any valid claim," court to revoke letters patent as to claims that are bad, and to all that are good, or are not attacked, to stand.

Sept. 21 Oct.

Starke J.

Perirron to revoke letters patent.

The petitioner, Woolf Dabscheck, sought the revocatio letters patent dated 26th July 1932 granted to the respor Hecla Electrics Pty. Ltd., on the grounds (a) that the patent obtained by the respondent in fraud of his rights, and (b) thé petitioner was the true inventor.

The facts and arguments sufficiently appear in the j hereunder. %

Ashkanasy, for the petitioner.

Dean and O' Bryan, for the respondent.

57 C.L.R.] OF AUSTRALIA.

Starke J. delivered the following written judgment :—

Petition seeking the revocation of letters patent dated 26th July 1932, No. 8436 of 1932, granted to the respondent, Hecla Electrics Pty. Ltd. The invention relates to improvements in plugs or connecting means for placing electrical appliances into an electric circuit. In the use of these appliances, an escape of the electrical current was not uncommon, and persons using them were subject to electrical shocks, more or less severe. The main purpose of the invention was to protect users of such appliances from injury. The general nature of the invention is stated in the specification: it is an electrical device or plug or connecting means with enclosed contacts connected to the current supply wires and a spring contact secured to a shroud or guard surrounding the current supply terminals in the appliance, connected to contact plates on the plug by means of bolts or screws and to an earthing wire. By these means, any current escaping in the use of the electrical appliance was gathered up and discharged to earth. The petitioner alleges that he was the first and actual inventor of the invention the subject matter of the letters patent granted to the respondent, that the letters patent were obtained in fraud of his rights, and that the invention the subject of the letters patent was not novel and was published before the date of the application for the same.