Case Comment

J.R. Short Milling Co. Ltd. v.
Geo. Weston Bread & Cakes Ltd.

citation(s): [1940] 4 D.L.R. 579 (per Maclean, J.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p.598

"In order that a thing shall be "obvious", it must be something that would directly occur to someone who was searching for something novel, a new manufacture or whatever it might be, without the necessity of his having to do any experimenting or research, whether the research be in the laboratory or amongst literature."


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