Two points of construction
The fluid pipe 28.The fluid pipe is the pipe in and emerging from the wall which provides the water (where the appliance is a shower). The specification says this on page 2: “According to one aspect of the invention we provide a method of installing a fluid-using appliance on a wall at a mounting position where a part of a fluid pipe extends outwardly of the wall, … “ 29.In my view, when the Cassellie product has been installed, its intermediary pipe becomes a section of the fluid pipe within the meaning of claim 1. The intermediary pipe is connected inside the wall to another section of the fluid pipe, but this seems to me to be neither here nor there. The pipe in the wall might have further upstream connections to other upstream sections in the wall, but that would not prevent all sections, including the intermediary pipe, being part of the claim 1 ‘fluid pipe’. The position of the locking member 30.The second point of construction relates to the position of the locking member before it is in locking mode. The issue is whether it must be attached to the mounting member or whether it can be attached elsewhere. 31.Integers (e) and (g) of claim 1 in relevant part state: “(e) … the body of the mounting member providing in or thereon, a locking member, …” (g) locking the pipe part relative to the mounting member such as to prevent axial movement of the outwardly extending pipe part relative to the mounting member, by means of tightening a locking element on the locking member” 32.The locking member is either in or on the mounting member, i.e. in or on the plate. ‘In’ the plate appears to mean within the aperture. ‘On’ suggests that it can be elsewhere but still attached to the plate. At page 3 the specification sets out another pair of alternatives: the locking member is secured in the aperture or is formed as an integral part of the plate: “The locking member may be secured in the aperture, although in another example the locking member may be provided integrally with the mounting member. This latter embodiment is most easily provided where the mounting member includes a moulded, e.g. plastic, body, in which case a locking member such as a collet may be formed integrally with the body of the mounting member during moulding.” 33.I think the skilled reader would understand that all combinations of the above are possible: the locking member may be attached within the aperture or attached to the plate elsewhere; in either location the locking member can be structurally distinct from the plate or alternatively it can be an integral part of the plate, typically being created as part of the plate during moulding. 34.It is to be noted that integer (e) and the passage of the description quoted are apparently concerned with the locking member whether it is in locked or unlocked mode. I think that skilled person would take this to mean that it applies to both. 35.Integer (g) requires the locking member to have a locking element. Tightening the locking element causes the locking member to lock the pipe to the plate, preventing axial movement. The locking element (not to be confused with the locking member) may be a simple nut, but this is in a specific context, disclosed on page 3 of the Patent: “The locking element may in one example be a simple nut which is screw threaded onto the collet or other locking member to lock the pipe part relative to the mounting member. …” 36.The only example of a locking member expressly identified is a collet, a collar through which the pipe extends. The collet can be secured in the apertures of the plate by various means. It is tightened to fix the pipe using a locking element such as the nut just mentioned. The specification gives more details on pages 6 and 7, explaining that screwing a nut onto the collet urges tongues of the collet inwards, locking the tongues around the pipe and thus fixing it to the plate. 37.The description makes it clear that locking members other than collets can be used. It says this at the bottom of page 7 to the top of page 8 (omitting reference numbers): “In place of collets to secure the outwardly extending pipe parts, relative to the mounting member, any other suitable locking members may be provided which may lock the pipe parts relative to the mounting member, at least against movement of the pipe parts axially thereof.” 38.Taken in isolation this could suggest that any means of locking the pipe to the plate will do, provided it prevents axial movement of the pipe. But it is consistent with and to my mind does not override the usual meaning of the words of integer (e). I think that this integer and the rest of the specification would lead the skilled person to conclude that both before and after it is in locking mode, the locking member must be attached to the plate or form an integral part of the plate; it may be located within the aperture or elsewhere on the plate.