Case Comment

Van Der Lely (c.) N.V. v.
Bamfords Ld.

citation(s): [1960] 7 R.P.C. 169 (High Ct. Chancery per Lloyd-Jacob J.)

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 19:

"With the hindsight afforded by the Patentee's disclosure, the individual stages of the conversion of one device to the other can each be made to appear of a non-inventive character, although certain practical difficulties were acknowledged by Mr. North in his evidence. But this is not a fair test of inventive merit. It is the whole gap to be jumped that must be consdered, and not the case of passage across stepping stones either not present or hidden from view at the time the crossing was made."


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