Patent decision

BL number

O/119/16

Concerning rights in

GB2483830 B

Hearing Officer

Mr P Slater

Decision date

3 March 2016

Person(s) or Company(s) involved

American Science & Engineering Inc. v Rapiscan Systems Inc.

Provisions discussed

Patents Act 1977 Section 72

Keywords

Inventive step, Revocation

Related Decisions

None

Summary

Revocation was sought on the grounds of a lack of inventive step. The invention relates to an X-ray scanning and detection system for inspecting vehicles and cargo containers for suspicious trade and illicit substances. The arrangement set out in the patent provides a four sided X-ray imaging system using a combination of transmission and backscatter imaging sensors to create an image of a vehicle.

The Hearing Office considered whether an unpleaded argument in relation to collocation should be heard, and decided that it should be set aside as the defendant had not had a proper chance to deal with the issue and would be invited to file any additional submissions and evidence deemed necessary to decide the matter.

The Hearing Officer went on to consider the arguments put forward in the original statement of case and found the invention as claimed to involve an inventive step.

The issue of collocation is yet to be decided.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2016/o11916.html