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Reports of Patent, Design and Trade Mark Cases 2002 119(1-4):1-186; doi:10.1093/rpc/2002rpc1
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 1

KIRIN-AMGEN INC. v. ROCHE DIAGNOSTICS GMBH

Patents Court

Before: MR JUSTICE NEUBERGER January 15–25, 29–31, February 1, 2, 5–9, 15, 16, 19–23 and 26 and April 11, 20011

[2002] R.P.C. 1

Patent—Erythropoietin—Recombinant DNA technology—"Biogen" insufficiency—Principle of general application—Classic insufficiency—Undue burden—Enabling disclosure—Added matter—Priority documents and what they disclose—Construction of claims—Common general knowledge—Qualitative definition of claims—Product by process claims—Amendment of the patent—Mere discovery—"Improver" analysis—Novelty—Inventive step.

1 Paragraph numbers in this judgment are as assigned by the court.


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