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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Nicholas J J F MacPhail (Patent) [2012] UKIntelP o50312 (21 December 2012)
URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o50312.html
Cite as: [2012] UKIntelP o50312

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Mr Nicholas J J F MacPhail (Patent) [2012] UKIntelP o50312 (21 December 2012)

Patent decision

BL number
O/503/12
Concerning rights in
GB2266762
Hearing Officer
Mr P Thorpe
Decision date
21 December 2012
Person(s) or Company(s) involved
Mr Nicholas J J F MacPhail
Provisions discussed
PA Section 74B
Keywords
Opinions and Reviews
Related Decisions
None

Summary

The proprietor of the patent requested a review of opinion 18/10 arguing that the examiner had by reason of how he had interpreted the specification of the patent wrongly concluded that a particular act did not constitute an infringement of the patent. The Hearing Officer, applying DLP Limited [2007] EWHC 2669, however concluded that the examiner had not clearly been wrong in construing the claim such that it did not cover the alleged infringing product. The opinion was therefore not set aside.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o50312.html