Guide to construction

Claims to process using a known apparatus

2.75 A claim to a method of using a known apparatus may be regarded as new if the claimed method of use is new. In Flour Oxidizing Co Ltd v Carr and Co Ltd [1908] 25 RPC 428, Parker J stated that “when the question is solely a question of prior publication, it is not, in my opinion, enough to prove that an apparatus described in an earlier specification could have been used to produce this or that result. It must also be shown that the specification contains clear and unmistakable directions in order to use it”.