Adhesives Pty Ltd v Aktieselskabet Dansk Gaerings-Industri [1935] HCA 83

Adhesives Pty Ltd v Aktieselskabet Dansk Gaerings-Industri [1935] HCA 83

The process described in the patent specification is a new method for the manufacture of yeast involving differential management of fermentation by maintaining suitable concentrations of nutrients through addition of more concentrated wort or mash as required, resulting in increased yields. The specification, considered as a whole and in the context of skilled practice, sufficiently defines the invention and the scope of monopoly, and allows a person skilled in the art to carry out the invention, overcoming objections as to ambiguity, insufficiency, anticipation, and want of subject matter. Although the explanation of alcohol assimilation was not scientifically certain, it did not cause...

Parties
Appellant; Applicant; Petitioner: Adhesives Proprietary Limited; Respondent; Registered Proprietor: Aktieselskabet Dansk Gaerings-Industri; Respondent; Licensee: Mauri Brothers & Thompson Ltd.
Jurisdiction
Australia
Procedural Posture
Petition for Revocation of Letters Patent (patent Dispute) / Appeal From Judgment of Evatt J. to Full Court
Outcome
appeal dismissed
Legal Topics
Patent Validity, Subject Matter, Misrepresentation, Ambiguity, Utility, Anticipation, Insufficiency
Intellectual Property Patent Law Patent Validity Subject Matter Misrepresentation Ambiguity Utility Anticipation +1 more

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Parties

Adhesives Proprietary Limited

Appellant; Applicant; Petitioner

Aktieselskabet Dansk Gaerings-Industri

Respondent; Registered Proprietor

Mauri Brothers & Thompson Ltd.

Respondent; Licensee

Procedural Posture

Petition for Revocation of Letters Patent (patent Dispute) / Appeal From Judgment of Evatt J. to Full Court

Legal Issues

  1. 1 Whether the patent specification is ambiguous or insufficient for the purposes of defining monopoly
  2. 2 Whether the patent lacks subject matter and inventive step
  3. 3 Whether the invention is anticipated by prior publication or common knowledge

Ratio Decidendi

The process described in the patent specification is a new method for the manufacture of yeast involving differential management of fermentation by maintaining suitable concentrations of nutrients through addition of more concentrated wort or mash as required, resulting in increased yields. The specification, considered as a whole and in the context of skilled practice, sufficiently defines the invention and the scope of monopoly, and allows a person skilled in the art to carry out the invention, overcoming objections as to ambiguity, insufficiency, anticipation, and want of subject matter. Although the explanation of alcohol assimilation was not scientifically certain, it did not cause...

Court Disposition

appeal dismissed

Orders

  • Petition for revocation dismissed with costs; appeal dismissed with costs