Can a dependant claim be inconsistent with the claim on which it depends?
Canada (Federal), Canada
The following excerpt is from Abbott Laboratories v. Canada (Health), 2005 FC 1332 (CanLII):
In Halford v. Seed Hawk Inc. (2004), 2004 FC 88 (CanLII), 31 C.P.R. (4th) 434, Pelletier J. (as he then was) held that a dependant claim cannot be given a construction which is inconsistent with the claim on which it depends. Claim 15 is dependent on Claim 2 which incorporates parts of Claim 1.
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