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Cytec Industries Inc. v Nalco Company [2021] FCA 970

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PATENTS - appeal from decision of delegate of the Commissioner of Patents - patent application for method of reducing aluminosilicate scale - claims of patent application amended following delegate's decision - hearing de novo PATENTS - claim construction - whether claims include within their scope a reaction product mixture containing a single type of small molecule PATENTS - validity - lack of support - comparison between invention specified in the claims and that described in the specification - technical contribution to the art - lack of support established PATENTS - validity - lack of clear and complete description - classical sufficiency - whether specification enables skilled addressee to perform invention over the whole area claimed without undue burden - lack of clear and complete description established PATENTS - validity - best method - characterisation of invention - where certain details in examples not disclosed - no failure to disclose best method PATENTS - validity - lack of novelty - whether patent application anticipated by earlier filed specification - whether grace period provisions apply to "whole of contents" documents - grace period applies - lack of novelty not established

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