In patent claims, the court emphasised the need to distinguish between the part of the specification in which the patentee discharged his duty to disclose the best way of performing the invention and the section which delimited the scope of the monopoly which he claimed.
Judges:
Fletcher-Moulton LJ
Citations:
(1908) 25 RPC 631
Jurisdiction:
England and Wales
Cited by:
Cited – Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc HL 21-Oct-2004
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 30 April 2022; Ref: scu.218729