Case Comment

Daily v.
Etablissements Fernard Berchet


citation(s): [1993] R.P.C. 357 (U.K. Ct. of Appeal)


copyright 1997 Donald M. Cameron, Aird & Berlis


Contents


Summary


Facts


The Decision

At p.363

[The third part of the Catnic test is] "... difficult to apply since its formulation combines a negative with an intention to exclude. The draughtsman of a specification would generally be more intent on what he intends to include than to exclude, since all non-included matters might not have been thought of at all."


Endnotes


Return to:

Cameron's IT Law: Home Page; Index

Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index

JurisDiction Home Page