ALLMANNA SVENSKA ELEKTRISKA AKTIEBOLAGET v. BURNTISLAND SHIPBUILDING COMPANY, LTD.

[1951] 2 Lloyd's Rep. 493

COURT OF APPEAL.

Before Sir Raymond Evershed (Master of the Rolls), Lord Justice Jenkins and Lord Justice Morris.

Patent - Ship propulsion - High speed diesel engines - Electro-dynamic coupling - Infringement - Lack of novelty (or anticipation)-Obviousness -Action brought by plaintiffs (Swedish company) seeking an injunction restraining defendants (British shipbuilding company) from supplying and installing in ships a diesel power unit which included a particular form of electro-dynamic coupling between the engine and the mechanical reduction gear-Alleged infringement of plaintiffs' letters patent published in United Kingdom in 1936-Claim for damages- -Plea by defendants that plaintiffs' letters patent were invalid by reason of (a) prior publication; (b) prior common general knowledge-Counterclaim by defendants for revocation-Evidence of British and foreign letters patent published before 1936 - Consideration of specifications therein contained - Whether plaintiffs' specification disclosed any inventiveness-Proof of defendants' allegation of obviousness- Matters to be taken into account- Patents Act, 1949, Sect. 32 (1) (e), (f).