56
It may be accepted for the purposes of the present
case that the design of Schultz's window structure was new
or original.
But that is not sufficient to justify a
finding in his favour. .
Registered
In Clarke's Design (1896) 13
A
RFC 351, LINDLEY LJ said at 360 lines 28-30:
"Where a design is composed of old
parts and is registered, the design,
as one whole, is what is protected;
not the design for some or one of the
component parts taken separately from any of the
others, and it is not necessary to dis¬
tinguish what is old from what is new."
Compare what CHITTY J said in Walker & Co v A G Scott & Co
(1892) 9 RPC 482 at p. 485 lines 50-55:
"The design may be valid within the Act
although all the parts are old except
some particular part only which is new
or......
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