Willmann v Petersen [1904] HCA 32

REPORTS OF CASES

DETERMINED BY THE

HIGH COURT OF AUSTRALIA

1904-1905.

[HIGH COURT OF AUSTRALIA.)

WILLMANN . a , : > i eZ APPELLANT ; PLAINTIFF, AND PETERSEN. 3 . s . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Patent—Subject-matter—Invention—Application of old contrivances to a new we— 6, ov A. Combination — Infringement — Specification — Anticipation — Injunction — yo. Damages—Costs—Patents Act (Queensland) 48 Vict. No. 13. Ee

'A combination of two or more known mechanical appliances, the result of BRISBANE,

which is to effect a new purpose, or to effect an old purpose with greater ca 19, 20,

efficiency or economy, may be the subject-matter of a patent if it involves some pees

i i i MeLpourne,

substantial exercise of the inventive faculty. oct a E 'The appellant claimed an injunction and damages against the respondent

Griffith, C.J.,

for an infringement of two patents. The first was granted in 1899 for "an Gpiltith, C-> improved cane-truck dray," and the second in 1900 for '' improvements in cane- O'Connor, JJ truck drays." The object of both inventions was to facilitate the carriage and loading of cane in cane-fields. They consisted of appliances for enabling

trucks fitted with flanged wheels suitable for running on rails to be carried on

VoL, It 1

w

H.C. or A.

1904. —— WILLMANN v PrreRsEN.

HIGH COURT (1908

drays fitted with rails tojand from tram lines laid in the cane-ficlds. Somewhs

similar contrivances had been previously used in Queensland for the purpost of conveying vehicles fitted with flanged wheels from one place to another on an ordinary vehicle fitted for running on made roads. The object of appellant's invention was to enable such vehicles to be taken economically and efficiently to any place where an ordinary wheeled vehicle could be taken,

Held, that the appellants' second invention being an adaptation of wel known mechanical contrivances to a new use, or to an old use with great efficiency or economy, and requiring some substantial exercise of the inventiv faculty, was a proper subject-matter of a patent.