5 7
or original.
The novelty or originality
of the particular part may be sufficient
to impart the character of novelty and
originality
to the whole."
Where the novel part of a design is nothing more than an
ordinary trade variant, it is
insufficient to impart that character.
See Phillips v
Harbro Rubber Co (1920) 37 RPC 233 at p. 240 lines 31-36.
LORD MOULTON said (ubi cit at lines 9-13):
"The working world, as well as the trade
world, is entitled at its will to take,
in all cases, its choice of ordinary
trade variants for use in any parti¬
cular instance, and ... no registration
of a design can prevent an ordinary
workman from using, or not using trade
knowledge of this kind."
The window structure of a sea-going ski boat is
the......
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