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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Denso Ltd v NGK Spark Plugs Ltd (Patent) [2003] UKIntelP o32703 (28 October 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o32703.html Cite as: [2003] UKIntelP o32703 |
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For the whole decision click here: o32703
Summary
The patent EP0575163 relates to a spark plug. Denso applied for revocation of the patent in that it was not patentable on the grounds of lack of novelty and/or inventive step. NGK offered amendments to meet this, but Denso opposed these on the grounds that the claims still lacked patentability. NGK then filed a further, preferred set of amendments. Denso then renewed and reinforced their opposition, particularly in that the amended claims were obvious, they added matter, and that the Comptrollers discretion to amend should not be exercised due to the conduct of NGK.
NGK also offered a set of fall-back amendments should it be decided that the preferred amendments were not allowable. The fall-back amendments were not opposed by Denso.
The hearing officer held that the claims as given in the preferred amendments were not obvious, that they did not add matter, but that the Comptrollers discretion should not be exercised due to the undue delay in applying to amend. The hearing officer however allowed the fall-back amendments.