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The diagram shows, amongst other things, extendable props (2) with a drill (3) secured thereto. Each prop (2)
has a pair of cylinders (5) joined at either end (6, 7) by a brace (8) and a base (9) with a hydraulically
operated piston (10) slidably secured within each cylinder (5) to extend from the end (6). The free end (11) of
each piston (10) forms a point and a conical stud (12) extends centrally from the outer surface (13) of the
base (9).
[6] It is common cause that Elbroc sold roof bolter rigs that perform the same function as Orica's to the mining
industry in South Africa. This led to the allegation of infringement by Orica. Before the court a quo, Orica
contended that Elbroc had infringed claims 1, 16, 17 and 18 of the patent. In these claims the invention is
described as:
"1.
A portable selfsupporting drill rig comprising a pair of spaced apart telescopic props with a carriage between
them, the carriage movable along an axis substantially parallel to those of the props and supporting a drill
mounted on the carriage . . . 1
16.
A portable selfsupporting drill rig comprising a pair of spaced apart fluid operated telescopic props with a
carriage between them, the carriage movable along an axis substantially parallel to those of the props and
supporting a drill mounted on the carriage, with the props each secured to a base and braced apart.
17.
A portable selfsupporting drill rig comprising a pair of spaced apart fluid operated telescopic props with a
carriage between them, the carriage movable along an axis substantially parallel to those of the props and
supporting a drill mounted on the carriage, with the props each secured to a base and braced apart and the
carriage movable by an extendable piston mounted on the base.
18.
A portable selfsupporting drill rig comprising a pair of spaced apart telescopic props with a carriage between
them, the carriage movable along an axis substantially parallel to those of the props and supporting a drill
mounted on the carriage, the props each including a cylinder with one end secured to a base, the cylinders
each having a fluid operated piston slidably secured therein to extend from the other end thereof, and the
cylinders braced apart."
[7] Elbroc contended that one of the integers of the claims in the patent was not present in its drill rig. This was,
according to Elbroc, the description of the drill carriage as located between a pair of telescopic props. Elbroc
contended that this meant that the drill carriage in the Orica rig was located linearly between the props which
was not the case with its (Elbroc's) rig. For this reason, whilst admitting the presence of all the other
Page 800 of [2017] 2 All SA 796 (SCA)
integers of the patent in its drill rig Elbroc maintained that its rig fell outside the patent claims. This argument
is graphically illustrated by the top view of Elbroc's drill rig.