Case Comment

Leitheiser et al v.
Pengo Hydra-Pull of Canada Ltd.

citation(s): (1974), 17 C.P.R. (2d) 110 (F.C.A. per Thurlow, J.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p.118

"On this basis two questions arise. The first is whether the claims of the appellant's patent claim more than he invented. The second is whether the claims are broader than the invention which is described in the specification. If the answer to either question is in the affirmative, as I understand the law, the claims are invalid."


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