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June 11, 2019


Two questions:

1. I can accept that a claim might be old or obvious, or a product might be old or obvious, but struggle with the idea of assessing whether an "equivalent" is old or obvious. Perhaps that is why, for ensnarement under US law, one has to go through the process of trying to draft a notional claim. I do not see Judge Hacon suggesting such a process. Is it then superfluous to the infringement by equivalent enquiry?

2. Looking at the 3 x 3 Table, why do we need the first two lines (A-A-A and B-B-B)? What do they contribute?

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