Abstract
H1 Patent – European patent – Application for revocation; Validity; Polynucleotide sequence encoding a Neutrokine-α polypeptide; Identification by bioinformatics – No supporting data from in vitro or in vivo studies – Whether invention capable of industrial application – Insufficiency – Appeal to Court of Appeal – Trial judge’s decision on invalidity upheld – Invention not susceptible of industrial application – Appeal to Supreme Court – Appeal allowed – Case remitted to Court of Appeal – Insufficiency – Enablement – Whether claims limited to products which were “useful” – Whether relevant that the utility of members of a claimed class of antibodies could not be identified without undue effort – Broadening amendment.
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