Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lucent Technologies Inc v Krone Aktiengesellschaft (No 3) [2000] FCA 100 PATENTS – opposition to grant of patent succeeded before Commissioner of Patents on ground of obviousness (no inventive step) – appeal from Commissioner's decision – invention for reducing cross-talk arising in electrical connectors – crossing of conductors within the connector – crossing of conductors a well known device for reducing cross-talk in transmission lines – whether obvious to apply transmission line theory to solve the problem of cross-talk originating within connector – whether "twisting" of pairs of conductors in cable leading up to connector suggested "crossing" of conductors within connector – amendment of claims at end of specification to remove numerals that referred to integers in drawings – whether amendment had effect of "generalising" claim away from particular embodiment shown in drawings and so postponing priority date – whether claims in specification "clear" – whether claim by result – whether claims fairly based on specification. Patents Act 1990 (Cth) ss 7(2), (3); 40(3); 18(1)(b)(ii); 114(1) Windsurfing International Inc v Petit (1983) 3 IPR 449, distinguished Rodi & Wienenberger AG v Henry Showell Ltd [1969] RPC 367, followed Philips Electronic and Associated Industries Ltd's Patent [1987] RPC 244, followed No-Fume Ltd v Frank Pitchford & Co Ltd (1935) 52 RPC 231, followed Wellcome Foundation Ltd v V R Laboratories (Aust) Pty Ltd (1981) 148 CLR 262, cited LUCENT TECHNOLOGIES INC v KRONE AKTIENGESELLSCHAFT NG 566 of 1997 LINDGREN J 15 FEBRUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 566 OF 1997
ON APPEAL FROM THE COMMISSIONER OF PATENTS
BETWEEN: LUCENT TECHNOLOGIES INC
Applicant
AND: KRONE AKTIENGESELLSCHAFT
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