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




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."


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