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Reports of Patent, Design and Trade Mark Cases 2003 120(22):769-788; doi:10.1093/rpc/2003rpc43
© 2003 by Crown Copyright
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© Crown Copyright

[2003] R.P.C. 43

SMITHKLINE BEECHAM PLC'S PATENT (NO.2)

Court of Appeal

Before: LORD JUSTICE ALDOUS, LORD JUSTICE SEDLEY, LORD JUSTICE RIX May 7–9, June 25, 20031

[2003] EWCA Civ 861; [2003] R.P.C. 43

Patent—Revocation—Novelty—Whether anticipation by co-pending application—Whether anticipation by general teaching of earlier application—Correct test for anticipation—Appeal to the Court of Appeal.

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


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