Zeno Corp (Formerly Known As Tyrell Inc) & Anor v BSM-Bionic Solutions Management GmbH & Anor

Mr. Mark Vanhegan QC and Miss Anna Edwards-Stuart (instructed by Mayer Brown) for the Claimants/Part 20 Defendants. Mr. Guy Burkill QC (instructed by Simmons & Simmons) for the Defendants/Part 20 Claimants. Hearing dates: 7, 8, 9 July 2009 ____________________

i) The first overarching principle is that contained in Article 69 of the European Patent Convention;

ii) Article 69 says that the extent of protection is determined by the terms of the claims. It goes on to say that the description and drawings shall be used to interpret the claims. In short the claims are to be construed in context.

iii) It follows that the claims are to be construed purposively�the inventor's purpose being ascertained from the description and drawings.

iv) It further follows that the claims must not be construed as if they stood alone�the drawings and description only being used to resolve any ambiguity. Purpose is vital to the construction of claims.