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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Nampak Cartons Ltd v Rapid Action Packaging Ltd (Patent) [2009] UKIntelP o34209 (2 November 2009) URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o34209.html Cite as: [2009] UKIntelP o34209 |
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For the whole decision click here: o34209
Summary
The patent concerned a cardboard sandwich carton that can be hermetically sealed by bonding the lid of the package to an out-turned flange, eg. using a heat sealing process. Under section 75, the claims were narrowed to such a sandwich carton with a lid adapted to be torn open by means of Concora cuts (dual parallel lines of partial sever) made in the flange of the carton. When a carton according to the invention is opened, the flange of the carton delaminates, with part of the flange material remaining bonded to the lid
Nampak applied to revoke the patent on the grounds of lack of inventive step. There were several prior art documents that were considered individually as possible starting points, but the Hearing Officer (following Windsurfing/Pozzoli) found in each case that the difference constituted steps that would not have been obvious to the person(s) skilled in the art. The Hearing Officer also found that there was no basis for considering a mosaic (or combination) of the prior art documents since (among other things) they were not part of the common general knowledge. The patent survived.
When evaluating the cross-examination of expert witnesses in the case, the Hearing Officer was not persuaded by a ‘step by step’ course. (See Lord Diplock in Technograph Printed Circuits Ltd v Mills & Rockley (Electronics) Ltd and Moulton LJ in British Westinghouse v Braulik.)