Case Comment

Flour Oxidising Co. v.
Carr & Co.

citation(s): (1908) 25 R.P.C. 428 (H.L. per Lord Parker)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 457

"But where the question is solely a question of prior publication, it is not, in my opinion, enough to prove than an apparatus described in an earlier specification could have been used to produce this or that result. It must also be shown that the specification contains clear and unmistakeable directions so to use it".


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