The Court of Appeal held that while structural approaches for determining obviousness (with reference to the Pozzoli test), are useful, the importance of the statutory test cannot be undermined. The ultimate question that the Court must address is whether it was obvious to the skilled but unimaginative addressee to make a product or carry out a process failing within the claim.

A summary of this case will be posted on http://www.Kluweriplaw.com

image_pdfimage_print

Leave a Reply

Your email address will not be published. Required fields are marked *