Reliance Electric Industrial Co. v. Northern Telecom Ltd.
T-566-84
Reed J.
10/2/93
13 pp.
Claim of patent found invalid in same case ((1989), 28 C.P.R. (3d) 397 (F.C.T.D.)) as being vague and lacking in specificity-Appeal to Federal Court of Appeal allowed ((1992), 44 C.P.R. (3d) 161), matter referred back to Trial Judge for continuation of trial-Invention claimed broader than invention made-Plaintiffs not entitled to claim broadly and then to introduce limitations into claims in order to avoid prior art-Interpretation of claims and of whole patent matter for Court-Claims must be read in context of whole patent including specifications and drawings-Overly technical interpretations should not defeat patent claim-Description of alleged invention absent in claims herein-Claim 1 invalid as being broader than invention made.