Can a patent's disclosure be used to impose limitations on the product's claim?
Canada (Federal), Canada
The following excerpt is from Astrazeneca AB v. Apotex Inc., 2006 FC 7 (CanLII):
However, the patent's disclosure cannot be used to impose limitations on the claims where no such limitations exist on a fair reading: Dableh v. Ontario Hydro (1996), 1996 CanLII 4068 (FCA), 68 C.P.R. (3d) 129 (F.C.A.). Here, claim 1 provides that the product is comprised of three elements: (a) a core; (b) an enteric coating layer; and (c) a water soluble separating layer between the core material and the enteric coating layer.
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