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sign of a boat comprising a Butt-Cat hull and a variant of
a window structure.
The observations of ASTBURY J in
Allen West & Co Ld v British Westinghouse Electric, and
Manufacturing Company Ld (1916) 33 RFC 157 are apposite.
The learned judge said at p. 162 lines 27-40:
"The encouragement given by the Patent
Law to those who produce new and useful inventions, and by the law relating
to Designs to those who produce new and
original Designs, is primarily to ad¬
vance our industries, and keep them at
a high level of competitive progress;
but in administering these provisions
it is, I think, most/important to bear
in mind the fact that they are not in¬
tended, and ought not to be allowed, to
paralyse or impede the natural and nor¬
mal growth and development of the manu¬
factures which they are intended to
benefit.
I think this case ought to be
determined ....
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