The court adopted purposive construction as the means to construe patent claims.

This judgement is to be read along with the related decision, Free World Trust v Électro Santé Inc, [2000] 2 S.C.R.

1066, 2000 SCC 66, where the Court articulated the scope of protection provided by patents.

"[2] In the 1970s, Whirlpool developed a dual-action washing machine agitator that utilized the bottom portion of the shaft for the usual oscillating motion but added an upper sleeve that was designed to work as an auger.

The auger propelled water and clothing downwards toward the agitator's oscillating vanes so as to produce more uniform scrubbing.