Case Comment Case Comment
Lester v. Commissioner of Patents
citation(s): (1946), 6 C.P.R. 3 (Ex.Ct. per O'Connor J.)
copyright 2006 Donald M. Cameron
Lester had applied for a patent for a toy plastic pistol that had an arrangement of walls which formed a whistle. The Commissioner of Patents had rejected the patent application.
The pistol and the whistle are not combined to produce a common result. Each part performs its function independently of the other. I reach the conclusion that this is not a patentable combination.
The authorities are quite clear that a combination is not patentable where each part performs its function independently of the other and the parts are not combined to produce some common result.
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