British Acoustic Films
citation(s): British Acoustic Films 53 R.P.C. 221 (per Luxmoore, J.)
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British Acoustic Filmscitation(s): British Acoustic Films 53 R.P.C. 221 (per Luxmoore, J.) |
copyright 1997 Donald M. Cameron, Aird & Berlis
"In my judgment it is not sufficient to prove common general knowledge that a particular disclosure is made in an article, or series of articles, in a scientific journal, no matter how wide the circulation of that journal may be, in the absence of any evidence that the disclosure is accepted generally by those who are engaged in the art of which the disclosure relates. A piece of particular knowledge as disclosed in a scientific paper does not become common general knowledge merely because it is widely read, and still less because it is widely circulated. Such a piece of knowledge only becomes general knowledge when it is generally known and accepted without question by the bulk of those who are engaged in the particular art: in other words, when it becomes part of their common stock of knowledge relating to the art".
...
"It is certainly difficult to appreciate how the use of something which has in fact never been used in a particular art can never be held to be common general knowledge in the art".
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