Case Comment

Albert Wood and Amcolite v.
Gowshell, Ltd.

citation(s): (1937), 54 R.P.C. 37

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At p. 40:

"The dissection of a combination into its constituent elements and the examination of each element in order to see whether its use was obvious or not is, in our view, a method which ought to be applied with great caution since it tends to obscure the fact that the invention claimed is the combination. Moreover, this method also tends to obscure the facts that the conception of the combination is what normally governs and precedes the selection of the elements of which it is composed and that the obviousness or otherwise of each act of selection must in general be examined in the light of this consideration. The real and ultimate question is: Is the combination obvious or not? In the present case we think that the Patent satisfies this test."


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