“…First, if the prior art has been “long disregarded” (in the words of Jacob LJ in Grimme Maschinenfabrik GmbH & Co KG v Scott [2010] EWCA Civ 1110, [2017] FSR 7 at…”
“… implemented or are well known: see e.g. the Manual of Patent Practice published by the UKIPO at paragraph 3.38. In Grimme Maschinenfabrik GmbH & Co KG v Scott [2010] EWCA Civ 1110 at [59] Jacob LJ (giving a joint judgment with Etherton LJ, with which Sir David Keene agreed) said this about an attack based on an old, unimplemented proposa…”