Coram: Maya AP, Swain and
Dambuza JJA and Nicholls and Mbatha AJJA
Heard: 24 February 2017
Delivered:
31 March 2017
Summary: Intellectual property: claim for patent infringement:
s 45 Patents Act 57 of 1978: extent of protection determined by wording of
claims: claims to be read
in the context of the patented specification: interpretation of ‘between’ in claim to
mean "linearly between" unjustified in context of specification as
well as claims: purposive interpretation: "linearly between" not
essential for functionality of invention.
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