Case Comment

British Ore Concentration Syndicate Ld. v.
Minerals Separation Ld.

citation(s): (1909), 26 R.P.C. per Lord Moulton

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 147

"It cannot be too carefully kept in mind in patent law that, in order to render a document a prior publication of an invention, it must be shown that it publishes to the world the whole invention - ie., all that is material to instruct the public how to put the invention in practice. It is not enough that there should be suggestions which, taken with suggestions derived from other and independent documents, may be shown to foreshadow the invention or important steps in it. Since the date of the vigorous protest of Lord Justice James against such a "mosaic" of prior publications this has been a universally accepted and most salutary principle. It applies with exceptional force in cases where the alleged prior publications are the Specifications of unsuccessful inventions which have accordingly never passed into public general knowledge but have rightly been forgotten."


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