Can Novopharm rely on a section of the patent specification in its application application?

Canada (Federal), Canada

The following excerpt is from Janssen-Ortho Inc. v. Canada (Health), 2010 FC 42 (CanLII):

Novopharm relies on the following passage at para. 30 of Dableh v. Ontario Hydro, 1996 CanLII 4068 (FCA), [1996] 3 F.C. 751: It is a matter of settled law that recourse to the disclosure portion of the specification is: (1) permissible to assist in understanding the terms used in the claims; (2) unnecessary where the words are plain and unambiguous; and (3) improper to vary the scope or ambit of the claims. It is equally clear that where the words used in the claims are clear and unambiguous, they must not be narrowed or limited to a patent's preferred embodiment. [cited authorities omitted]

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