 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Nationwide Filter Company and Berni Hambleton (Patent) [2010] UKIntelP o09110 (15 March 2010) URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o09110.html Cite as: [2010] UKIntelP o09110, [2010] UKIntelP o9110 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o09110
Summary
The patent proprietor sought a review of Opinion 28/08 which found the patent invalid for lack of inventive step over a prior French patent document. The patent related to a method of forming a filter unit. The proprietor only challenged the reasoning in the Opinion regarding claim 2, which related to a pleated filter (it being accepted that the prior French document disclosed the other features of that claim). The proprietor argued that it would not have been obvious to use a pleated filter in the construction disclosed in the French document, as such a filter would have been too delicate to be useable in such a construction. Applying DLP Limited [2007] EWHC 2669, the hearing officer found that the examiner’s opinion was not clearly wrong, and no error of principle was alleged, and so declined to set aside any portion of the Opinion.
The hearing officer also declined to consider an alternative obviousness argument based on a US document, which was raised by the opponent, as this argument had been rejected in the Opinion and so was not within the scope of review under Section 74B.