POLAR INDUSTRIES LTD Vs. JAY ENGINEERING WORKS LTD

JUDGEMENT

(1.) This is an application under Section 64 of the Patents Act, 1970. The petitioner Polar Industries Limited is praying that the Patent being No. 155307 dated 20th February, 1981, sealed and granted by the Controller of Patents and Designs in favour of the respondent No. 1, that is the Jay Engineering Works Limited, be revoked under Section 64 of the Patents Act, 1970.

(2.) Both the petitioner and the respondent arc manufacturers of electric fans. The patent is in respect of split type lower socket for use in ceiling fan motors. The patent granted relates to lower sockets connecting the down rods and shafts of A.C. electric motors of ceiling fans. The claim of the Patents was that the invention was in respect of a split type lower socket for clamping or coupling together the down rod and the shaft of the motor of an alternating current ceiling fan, comprising two halves, each having a trough shaped middle portion and two hollow semi cylinder projections, at each end, the two halves when clamped together defining a chamber of cylindrical or rectangular cross section and tubular projections at either end, the said two halves being adopted to be secured to the down rod and the motor shaft passing through the said tubular projections by bolts passing through holes in the upper projection and the down rod and the lower projection and the motor shaft and fitted with nuts.

(3.) The case of the petitioner is that the split type lower socket which is the subject- matter of the said Patent is not at all novel, nor does it involve any inventive step, because none of the said essential features and/or combination and or constructional arrangement thereof is or can be novel. The components mentioned in the claims of the respondent No. 1 were known in the industry and largely followed and practised. The further claim of the petitioner is that the alleged invention is nothing but a colourable variation and/or a mere workshop improvement of the embodiment illustrated in Figure 4 of the Drawings. According to the petitioner there is no new concept in using the halves as well as nut and bolt with washer and split pin for the purpose of clamping two components. According to the petitioner the alleged invention is nothing but formal general knowledge and has been in vogue for a long time, in various mechanical items and/or industries. Even in the fan industry shackles with identical arrangement, have been used for clamping of the rod of ceiling fan with the ceiling hook, and have been known and used since long time prior to the date of the impugned Patent No. 155307. The petitioner has relied on a drawing illustrating such a shackle, dated August 23, 1975. The said drawing which is Annexure II to the petition originates from the respondent No. 1. It is apparent from the said drawing that the shackle is made of the split halves, each of said halves having a trough shaped middle portion and a hollow semicylinder projection at the lower end, as also having aligned holes for bolts to be passed there through, and nut with washer to be fitted at the threaded end of the bolt. According to the petitioner, the concept of providing such clamping arrangement at the lower end, as adopted in the alleged invention was a very old concept and therefore, according to the petitioner, there is no novelty with regard to the alleged invention. The further case of the petitioner is that no patent right can be claimed with regard to socket, under the circumstances as alleged by the petitioner.