Newco Tank Corp. v. Canada (Attorney General), 2015 FCA 47

The Re-examination Board found the Claims of a patent obvious in light of prior art submitted by the person requesting re-examination. In so holding, the Board made a finding that the state of the common general knowledge included the information presented as background information in the patent.

The Court reviewed the decision of the Board on the standard of reasonableness and upheld the decision of the Board. The Court of Appeal agreed that the Court chose the correct standard of review and dismissed the appeal.