Buehler AG v Chronos Richardson Ltd, Court of Appeal - Civil Division, March 20, 1998, [1998] EWCA Civ 509,[1998] 2 All ER 960

Reporting Judge: [1998] EWCA Civ 509,[1998] 2 All ER 960

President: Buehler AG v Chronos Richardson Ltd

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Extract

Buehler AG v Chronos Richardson Ltd, Court of Appeal - Civil Division, March 20, 1998, [1998] EWCA Civ 509,[1998] 2 All ER 960

IN THE SUPREME COURT OF JUDICATURE CCRT1 97/1233 CMS2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE PATENTS COUNTY COURT

(HIS HONOUR JUDGE FORD)

Royal Courts of Justice

Strand

London WC2

Friday 20 March 1998

B e f o r e:

LORD JUSTICE ROCH

LORD JUSTICE ALDOUS

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BUEHLER AG

Plaintiff/Appellant

- v -

CHRONOS RICHARDSON LIMITED

Defendant/Respondent

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(Transcript of the handed down judgment

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

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MR C FLOYD QC (Instructed by Messrs Briffa & Co, London N! OQH) appeared on behalf of the Appellant

MR G BURKILL (Instructed by Messrs Linnells, Oxford, OX1 1BB) appeared on behalf of the Respondent

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J U D G M E N T

(As approved by the Court)

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JUDGMENT

LORD JUSTICE ALDOUS: The Appellants, Buehler AG, are the proprietors of European Patent (UK) No 256222 in respect of an invention entitled "Balance for the continuous weighing and for the determination of the flow rate of bulk foodstuffs treated in a grain mill." That patent was granted on l5 January l992. On l4 October l992 it was opposed by the Respondents, Chronos Richardson Limited, under Article 99 of the European Patent Convention. There was a hearing by the Opposition Division on 29 October l993, but it was not until 24 March l995 that a written decision was given rejecting the opposition. ...

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