||All England Reporter
|| All ER (D) 326 (Jun)
|| EWCA Civ 861
||Court of Appeal, Civil Division
Aldous, Sedley and Rix LJJ
||Michael Silverleaf QC and Piers Acland (instructed by Bird & Bird) for the claimant.
||Andrew Waugh QC and Justin Turner (instructed by Simmons & Simmons) for the defendant.
||25 June 2003
Patents - Validity - Revocation - Novelty - Test to be applied - s 2.
A disclosure in a patent application could not make an invention available to the public unless the invention could be made using the disclosure and also that it would be the result of the disclosure. In the circumstances of the instant case, the disclosure was not equivalent to a patent registered after the disclosure had been made and, therefore, it had not made the invention available to the public.
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