Primary evidence
121.The features of claim 1 of the Patent missing from Rødsten were the ideas of a waterstored catheter and a package made of a thermoplastic film comprising aluminium. 122.I have found that the notion of a ready-wetted catheter was part of the common general knowledge. Ms Israelsson said that if this were the case, the disclosure in Rødsten would lead the reader to think that it was referring to a ready-wetted catheter. Mr Torstensen stated that the reader would believe this even without assuming such common general knowledge. I was not able to accept that evidence for reasons I have explained, but what Mr Torstensen said is consistent with Ms Israelsson’s position once such common general knowledge is assumed. 123.Both experts indicated that if the skilled team had the idea of a ready-wetted catheter, thermoplastic film comprising aluminium was a known and obvious material to use for packaging the catheter. 124.On the primary evidence alone claim 1 is obvious over Rødsten.