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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Eastman Kodak Company v American Photo Booths Inc (Patent) [2002] UKIntelP o45702 (8 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o45702.html
Cite as: [2002] UKIntelP o45702

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Eastman Kodak Company v American Photo Booths Inc [2002] UKIntelP o45702 (8 November 2002)

For the whole decision click here: o45702

Patent decision

BL number
O/457/02
Concerning rights in
GB 2314719
Hearing Officer
Mr P Hayward
Decision date
8 November 2002
Person(s) or Company(s) involved
Eastman Kodak Company v American Photo Booths Inc
Provisions discussed
PA 1977, section 72(1), 1(1)
Keywords
Industrial application, Novelty, Revocation, Sufficiency
Related Decisions
[2002] UKIntelP o14502

Summary

The claimant sought revocation of the patent on the grounds of novelty (and inventive step of some subordinate claims) and, added to the Statement of Grounds following a preliminary decision, industrial applicability and/or sufficiency. Found that a passage of claims 1 and 6 was incapable of being construed by a person skilled in the art and that the claimed invention therefore cannot work and cannot be capable of industrial application. As a result, the specification does not (and could not) disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art.

Even if the invention were considered capable of industrial application and sufficiently described, claim 1 found lacking in novelty, but no finding made on the novelty of claim 6, nor on novelty or inventive step of subordinate and omnibus claims.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o45702.html