BARNES V. JOSE 8/1935
The invention claimed by the plaintiff constitutes no advance on prior knowledge or practice and is but a natural development in the making of wristlet straps, requiring no inventive skill; accordingly, the patent fails for want of subject matter.
- Parties
- Plaintiff: Barne; Defendant: Jo
- Jurisdiction
- Australia
- Judgment Date
- 20 April 1936
- Procedural Posture
- Patent Infringement / Judgment
- Outcome
- action dismissed
- Legal Topics
- Patents, Infringement, Subject Matter
Case Brief
Summary, issues, holding and outcome
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Parties
Barne
Plaintiff
Jo
Defendant
Procedural Posture
Patent Infringement / Judgment
Legal Issues
- 1 Whether the invention claimed in Letters Patent No. 20737 of 1929 constitutes patentable subject matter
- 2 Whether the defendant infringed the plaintiff's patent
Ratio Decidendi
The invention claimed by the plaintiff constitutes no advance on prior knowledge or practice and is but a natural development in the making of wristlet straps, requiring no inventive skill; accordingly, the patent fails for want of subject matter.
Court Disposition
action dismissed
Orders
- The action is dismissed with costs, including shorthand notes and costs, if any, of discovery.
Full Case Text
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