20 Apr 2015
Doug Andrews Heating & Ventilation Ltd & Anor v Wayne James Dil & Ors CA5/2014 [2015] NZCA 122
- Citation
- [2015] NZCA 122
- Court
- Court of Appeal
The Court construes claim 1 purposively to require interengageable parts where the upper part defines a separate cooking chamber above the plate means; on that construction the UFO cooker does not infringe because its lower part already contains a cooking chamber and the upper part merely extends it. The counterclaim attacking validity failed: alleged prior art evidence did not prove anticipation and, on obviousness, there was insufficient reliable prior art and expert evidence to establish that the interengageable two-part concept would have been obvious to the skilled addressee at the prior…