122872
| Question | Answer |
| Not excluded | discovery, scientific theory etc... s.1(1)d) and ss1(2) and (3) |
| PURPOSIVE APPROACH | What would the skilled person understand the patent to mean? COMPROMISE literal and [purposive] ESSENCE OF INVENTION |
| Novelty | Lux Windsurfing Enabling disclosure |
| Inventive step | Obvious to a person skilled in the art? Pozolli 1) Identify notional person 'skilled in the art' 2. identify what 'common general knowledge' at priority date 3. identify 'inventive concept' of product/process 4. differences? 5. differences amount to steps that would've been obvious? |
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