Due to the application beeing pre AIA, I had to revise my previous answer
Lets start with two of the three conditions for patentability - novelty and non-obviousness (the third is usefulness). Prior art for both is the same (see mpep 2141.01) ! This is based in:
(Post AIA, so for your question the next section is not relevant, however I find it very ...
For your second question: No.
Now to the first one, as this is harder. If the claims state something similar to after adding two to two we get 4 but 4 is sufficiently close to 77 so whatever or we add 2 and 2 and procede, then this should not in any way forbid you to use your invention.
And this is actually what you asked:
Are patent claims valid ...
Well, it seems the Australian Patent Office as ISA recognized novelty and inventive step for all claims in the PCT phase. I find this pretty laughable seeing that claim 1 clearly defines a result to be achieved.
It seems they have requested entry into European phase before the EPO. You can submit your own observations here:
Patents do not infringe patents. To infringe a patent someone needs to actually make, sell, use or import something that falls under the wording of a claim in a patent that was issued by the country the making, selling, using or importing occurs. If you do not have a German patent then, by definition, no actions in Germany can be an infringement on your ...