High Court of Australia
21 C.L.B.] OF AUSTRALIA. 253
(HIGH COURT OF AUSTRALIA]
BROADBENT AND ANOTHER . : . APPELLANTS ;
APPLICANTS, AND
DAVIES . 3 e i 2 i ' RESPONDENT. OPPONENT,
Patent—Application — Subject matter —Invention—Anticipation— Appeal from ™ saad a Commissioner—Amendment of Specification—Condition of grant of patent— 4 Patents Act 1903-1909 (No. 21 of 1903—No. 17 of 1909), sec. 47. aes
Under see. 47 of the Patents Act 1903-1909, which gives the High Court April 4, 5. power on an appeal from the Commissioner of Patents to decide "whether G.imno, and subject to what conditions, if any, the application and specification shall Bartods ue n be accepted," the Court may make a verbal alteration of the specification and Rich JJ. which is necessary to give effect to its real meaning a condition of the grant of
a atent.
In a water meter whereby the quantity of water flowing through a pipe was measured by the number of revolutions of a turbine which revolved on a spindle and through which the water passed, the method of attaching the turbine, which was constructed of soft metal, to the spindle, which was constructed of hard metal, was by means of gripping a thin sheet of the soft metal in a groove running round the spindle which passed through it. By another form of water meter previously in use the turbine was attached to the spindle by pressing the soft metal turbine upon the end of the hard metal spindle and holding it fast by means of a corrugation formed by pressure upon the soft metal.
Held, that the first mentioned contrivance, for which a patent was sought» was not open to objection for want of subject matter or want of novelty.
Appear from the Commissioner of Patents.
An application was made by Ernest Edgar Broadbent and Henry Parks for a patent for "improvements in inferential water meters."
The material part of the specification was as follows :—
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