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28 Aug 2013, 9:23 pm
See J.A. 15 (noting that when a patentee claims a species, the broad naming of the genus in a specification is likely insufficient); J.A. 15–16 (citing In Re Ruschig, 379 F.2d 990 (CCPA 1967) for the proposition that the specification must provide “blaze marks” which guide the skilled worker from the broadly disclosed genus to the claimed species). [read post]
21 Aug 2013, 7:13 am by emagraken
Farrell Estate, 2004 BCCA 348 where Smith J.A., writing for the court, says at para. 77: The question whether negligence should be inferred when a motor vehicle has left its proper lane of travel usually arises in cases, like Fontaine, where the driver of the vehicle is sued by a plaintiff injured in the accident. [read post]
1 Aug 2013, 7:53 am by emagraken
It seems unlikely that the test results could be intelligibly interpreted by persons who did not possess significant expertise in psychology and/or neuropsychology, just from the description of the tests… [34]         In making my decision, I agree with what was written by Southin J.A., namely that when an expert in one field in possession of documents says that someone from a different discipline is not competent to understand his work,… [read post]
28 Jul 2013, 4:01 pm
”  [35]         A more recent formulation of the test is found in Re Schwartz, [1970] 2 OR 61  at 78 (CA), aff'd [1972] SCR 150 where Laskin J.A. [read post]