Case Comment

Noranda Mines Ltd. v.
Minerals Separation North American Corp.

citation(s): (1949) 12 C.P.R. 99 per Rand, J. (S.C.C.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p.199:

"...we have a good example of the sort of thing mentioned by Earl Loreburn in Natural Colour v. Bioschemes (1915), 32 R.P.C. 256 at p. 266: "Some of those who draft Specifications and Claims are apt to treat this industry as a trial of skill, in which the object is to make the Claim very wide upon one interpretation of it, in order to prevent as many people as possible from competing with the patentee's business, and then to rely upon carefully prepared sentences in the Specification which, it is hoped, will be just enough to limit the Claim within safe dimensions if it is attacked in Court." As in B.V.D. Co. v. Can. Celanese [1937], 2 D.L.R. 481, S.C.R. 221, the claims are wide and general; and for the reasons there given, they cannot be restricted by the language of the disclosure."


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