Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2012] FCAFC 95 Citation: SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2012] FCAFC 95
Appeal from: SNF (Australia) Pty Ltd v Ciba Specialty Chemicals Water Treatments Limited [2011] FCA 452
Parties: SNF (AUSTRALIA) PTY LTD (ACN 050 056 267) v CIBA SPECIALTY CHEMICALS WATER TREATMENTS LIMITED, CIBA (AUSTRALIA) PTY LTD (005 061 469) and THE COMMISSIONER OF PATENTS
File number: VID 710 of 2011
Judges: FINN, DOWSETT AND BENNETT JJ
Date of judgment: 29 June 2012
Corrigendum: 7 September 2012
Catchwords: PATENTS – construction – meaning of "rigidification" PATENTS – novelty – whether prior publications and prior uses disclose all integers of claim in combination – where there were no "signposts" sufficient to disclose an integer – whether the prior art taught away from the invention – relevance and meaning of "teach" to novelty – insufficient disclosure to constitute an anticipation of the process of the claim PATENTS – innovative step – variations between claimed invention and prior art documents and acts – substantial contribution to working of invention PATENTS – sufficiency of description – whether skilled addressee would have to do more than 'routine trial and error' to understand and implement the process of the claim – where dosage tests necessary to optimise claimed process – specification not insufficient because tests characterised as routine
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