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Anticipation

The anticipation of an invention occurs if the later invention is merely an adaptation or variant of an earlier patent, which would be obvious to a person skilled in the art (in the technical area or specialisation).

In General Tire [1972] RPC 457 at page 486, it was stated that to anticipate a patentee's claim, a prior publication must contain clear and unmistakable directions to do what the patentee claims to have been invented … The prior inventor must be shown to have clearly planted his flag at the precise destination before the patentee.


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