In the result I make the following order:
1)
The appeal is upheld with costs including the costs of two counsel.
2)
The order of the court a quo is altered to read:
"The claim is dismissed and the counterclaim is upheld with costs including the costs of two counsel. Patent No
79/3210 is revoked."
(Van Heerden DCJ, Harms, Schutz and Scott JJA concurred in the judgment of Plewman JA.)
For the appellant:
CE Puckrin SC, instructed by DM Kisch Incorporated, Johannesburg c/o Naudes Blomfontein
For the respondent:
L Bowman SC, instructed by John & Kernick, Rosebank, c/o Webbers, Bloemfontein
Footnotes
1
Also reported at [1998] 3 All SA 175 (A) Ed.