Does the fair basing 'problem child' escape Lockwood?

In an earlier article, the concept of fair basing in Australian patent law was
described as a "problem child. - often unruly and unpredictable in practice,
but nevertheless understandable and useful in policy terms. The article
traced the development of several different branches of patent law that wem
swept under the nomenclature of Tair basing" in Britain in 1949. It then went
on to examine the adoption of fair basis into Australian law, the modem
interpretation of the requirement, and its problems. This article provides an
update. After briefty recapping on the relevant historical issues, it examines
the recent Lockwood "internal" fair basing case in the Federal and High
Courts.