2.4.11.10 Level of Disclosure

Date Published

The disclosure needed to support a whole of contents novelty objection is the same as that for any novelty objection.  Consequently, generic disclosures can only be relied upon if there is sufficient indication of the relevant members of the class (see 2.4.6.6 General Disclosures, Selections and 2.4.12.1.4 Generic Disclosures as Citations).  Where the requisite level of disclosure is present, the citation will satisfy the notional claims requirement of E I Du Pont de Nemours & Co v ICI Chemicals & Polymers Ltd [2005] FCA 892; 66 IPR 462.