© 2004 by Crown Copyright
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© Crown Copyright
TELSONIC AG'S PATENT
(Laddie J.): March 3 and 4, 2004, March 17, 2004
[2004] EWHC 474 (Ch); [2004] R.P.C. 381
Patent—Construction of claim—Reference numerals—Prosecution history—Infringement—Infringement by variant—Whether spiral rod was circular—Improver structured approach useful but not a straitjacket—Third Improver question the wrong way round—Question should be whether it was apparent to skilled addressee that limitation to exclude variant could not have been intended by patentee—No stated or obvious reason for limitations in claim—Claim held not infringed.
Key Words: Claim construction Infringement Patents Shape Variation
1 Paragraph numbers in this judgment are as assiged by the court.