The appellant applied for a patent on chemical compositions comprising chemical compounds mixed with an adjuvant, discovering their usefulness as plant growth regulators.
The Commissioner of Patents rejected the application, which was upheld by the Federal Court of Appeal.
The Supreme Court of Canada allowed the appeal, holding that the discovery of a new use for an old compound is patentable as a 'new and useful art' under section 2 of the Patent Act.
The Court found that mixing the compounds with appropriate adjuvants was necessary to embody the idea in practical form, and the composition claims did not violate section 36 or section 41 of the Act.
