PAPER SACKS PTY. LTD. V. COWPER
The association of known features with inventive selection and utility in the bag constitutes patentable subject matter; none of the cited anticipations or prior disclosures meets the requirements to void the grant, and the specification is sufficiently clear for the ambit of the monopoly claimed.
- Parties
- Respondent: Bates Valve Bag Co.; Petitioner: Petitioner
- Jurisdiction
- Australia
- Judgment Date
- 11 July 1933
- Procedural Posture
- Petition for Revocation of Patent / Final Judgment
- Outcome
- petition dismissed
- Legal Topics
- Patent Revocation, Novelty, Subject Matter, Prior Disclosure, Sufficiency of Specification
Case Brief
Summary, issues, holding and outcome
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Parties
Bates Valve Bag Co.
Respondent
Petitioner
Petitioner
Procedural Posture
Petition for Revocation of Patent / Final Judgment
Legal Issues
- 1 Whether the invention lacked novelty
- 2 Whether the invention possessed sufficient subject matter for patentability
- 3 Whether prior disclosure to the public voids the grant
Ratio Decidendi
The association of known features with inventive selection and utility in the bag constitutes patentable subject matter; none of the cited anticipations or prior disclosures meets the requirements to void the grant, and the specification is sufficiently clear for the ambit of the monopoly claimed.
Court Disposition
petition dismissed
Orders
- Petition dismissed with costs including the costs of the shorthand notes
Full Case Text
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