The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the patent, the Court of Appeal pointed out that the purpose of a comparative example is that identifies something outside the claimed invention for the purposes of comparing it with something inside it. The obvious conclusion that the skilled person would draw is that the patentee’s ranges were exact, and not intended to be broadened by whole number rounding.
Case date: 19 June 2018
Case number:  EWCA Civ 1416
Court: Court of Appeal of England and Wales, Civil Division
A full summary of this case has been published on Kluwer IP Law.