To anticipate a patent1, a prior publication2 or activity must contain the whole of the invention impugned3, that is, all the features by which the particular claim attacked is limited. Thus, if a prior publication contains a clear description of, or clear instructions to do or make, something which would infringe the patentee's claim if carried out after the grant of the patentee's patent, the patentee's claim is bad for lack of novelty4. So also if, although it cannot be seen from a mere reading of a prior publication that a claim is anticipated, carrying out the directions contained
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Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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