Mere Choice Does Not Make a Selection

Date Published

While it is immaterial whether a selection has been made consciously or not (Carpmael's Application (1929) 46 RPC 321), examiners must be careful to distinguish between a patentable selection and a mere choice between alternatives. Whenever a range is specified, it is likely that some values will have better results than others. Finding the optimum values does not constitute a selection. A selection has the quality of being unexpected (see The Carlton Tyre Saving Co's Application (1973) AOJP 1404).