What is the test for a result-based construction of a patent application?
Canada (Federal), Canada
The following excerpt is from Apotex Inc. v. Janssen-Ortho Inc., 2009 FCA 212 (CanLII):
These allegations can be addressed summarily. First, I reject the notion of a “results oriented” construction. The applications judge did nothing other than identify the issue in relation to an analysis of infringement. Second, although it is not permissible to look to the patent disclosure to expand the monopoly, the disclosure may be examined to construe the patent claims: Whirlpool; Freeworld Trust v. Électro Santé Inc., 2000 SCC 66 (CanLII), [2000] 2 S.C.R. 1024. The principles set out in these authorities are well-known, often cited and need not be repeated here.
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