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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Baxi Heating Limited and Robinson Willey Limited (Patent) [2004] UKIntelP o23804 (10 August 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o23804.html Cite as: [2004] UKIntelP o23804 |
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For the whole decision click here: o23804
Summary
Robinson Willey Limiteds application to amend GB 2305499 in the light of three items of Japanese prior art was opposed by Baxi Heating Limited. No explicit reasons were given for the proposed amendments to the claims other than they sought to distinguish the claimed invention from the prior art. The opponents grounds of opposition were based on allegations of bad faith and covetousness and referred to a large number of prior art documents.
At the hearing, the opponents narrowed their position to the consideration of whether the proposed amendments effected a cure of the defect in terms of the three prior art documents. The issues of validity, added matter and a request for further amendments were also covered at the hearing. The Hearing Officer found that the proposed amendments failed to distinguish the invention from the prior art documents in terms of both novelty and inventive step. The application to amend was refused and costs awarded against the proprietors Robinson Willey Limited.