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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Stuart Morrison and Seetru Limited (Patent) [2007] UKIntelP o13307 (17 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o13307.html
Cite as: [2007] UKIntelP o13307

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Stuart Morrison and Seetru Limited [2007] UKIntelP o13307 (17 May 2007)

For the whole decision click here: o13307

Patent decision

BL number
O/133/07
Concerning rights in
GB 2388648
Hearing Officer
Mr P Back
Decision date
17 May 2007
Person(s) or Company(s) involved
Stuart Morrison and Seetru Limited
Provisions discussed
PA 1977 sections 1,2,3,72
Keywords
Claim construction, Inventive step, Novelty, Revocation
Related Decisions
None

Summary

Mr Morrison applied for revocation of GB 2388648 on the grounds that the invention was not novel and did not involve an inventive step over prior art safety valve sealing arrangements identified by him, most notably a valve marketed by the firm Swagelok. In their counterstatement the defendants denied all allegations and proposed amended claims without prejudice, but these were also objected to by Mr Morrison on the same grounds. Both parties agreed to a hearing on the papers, and this decision was produced on that basis. After examination of the physical and documentary evidence provided and the arguments from both sides, the hearing officer found that all of the proposed amended claims lacked either novelty or inventive step.

The defendant was given 2 months to file amendments under section 75 and both sides were given the chance to make submissions on the matter of costs.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o13307.html