Viscount Dunedin:-

The present action is directed against an infringement of a Canadian patent, 192726 of 1919, which is owned by the appellants. There were originally two actions brought, one against the present respondents, the Spanish River Pulp Company, and the other against a company called the Abitibi Company. The cases were tried together, and the evidence in each admitted in the other. The defences were various :- (1) Want of novelty and no subject matter; (2) anticipation; (3) a defence founded on certain Canadian statutes, which will be explained later; and (4) denial of infringement. The trial judge gave judgment in favour of the respondents in respect of (1). He dealt with (2), and used much of what had been proved under that head in support of his judgment on (1), but he did not formally pronounce that there had been anticipation. He found it in these circumstances unnecessary to consider (3) and (4). His judgment was confirmed simpliciter by the Supreme Court of Canada, who were unanimous.

The present appeal is brought by special leave. Their Lordships think it necessary to say that it must have been conveyed to their Lordships who granted the leave, that the case rais