Patent decision

BL number

O/094/15

Concerning rights in

GB1104730.5

Hearing Officer

Mr P Mason

Decision date

26 February 2015

Person(s) or Company(s) involved

Mrs. June Duncan

Provisions discussed

PA 1977 Section 1(1)(b)

Keywords

Inventive step

Related Decisions

None

Summary

The application relates to a heat therapy bra. Inserts containing flax seeds and dried lavender flowers are heated for example in a microwave and placed into pockets inside the cups of the bra. The prior art documents showed that it was known to provide bras with pockets to receive heatable inserts (for example containing gel and other materials). It was considered common general knowledge to utilise flax seeds and lavender in heatable pads used for relaxation and pain relief. Applying the approach set out in Windsurfing and Pozzoli the hearing officer found that the differences found between the inventive concept of the bra defined in claim 1 and the prior art would be obvious to the skilled person and refused the application as lacking an inventive step required by section 1(b).

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URL: http://www.bailii.org/uk/cases/UKIntelP/2015/o09415.html