7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| LIZZANNO PARTITIONS (UK) LIMITED
|- and -
|INTERIORS MANUFACTURING LIMITED
Isabel Jamal (instructed by Fry Heath & Spence LLP) for the Defendant
Hearing dates: 12th February 2013
Crown Copyright ©
|The person skilled in the art||17|
|Common general knowledge||18|
|The claims and construction||34|
The person skilled in the art
Common General Knowledge
The claims and construction
a) A glass partition or wall
b) two or more glass sheets and a gasket which provides a seal between the edge of one of the glass sheets and one or more of the other glass sheets,
the gasket comprising:
c) a hollow tube made from a non-rigid material,
d) the hollow tube, when not in use, having four sides and a substantially rectangular cross-section so that it has a width greater than its thickness,
e) the two longer sides of the hollow tube being substantially planar and
f) the two shorter sides of the hollow tube being curved.
6. A glass partition or wall according to any preceding claim, wherein the adhesive is applied only to the two longer sides of the hollow tube.
7. A glass partition or wall according to claim 5 or claim 6, wherein the adhesive is applied in the form of an adhesive strip.
12. A glass partition or wall comprising two or more glass sheets and a gasket which provides a seal between the edge of one of the glass sheets and one or more of the other glass sheets substantially as described herein or as shown in the drawings.
i) feature (b) - two or more glass sheets;
ii) feature (b) which provides a seal;
iii) feature (c) a non-rigid material;
iv) feature (d) - when not in use
v) feature (d) having four sides and a substantially rectangular cross-section so that it has a width greater than its thickness
vi) feature (f) curved
two or more glass sheets
which provides a seal
a non-rigid material
when not in use
having four sides and a substantially rectangular cross-section so that it has a width greater than its thickness
Claims 6, 7 and 12
As a designer of gaskets the rigidity I am looking for is somewhat different for the various elements of the profile. I want the flat sides to hold their flatness so the tape can be applied to them and stay applied and the installer can press the gasket against an end face of glazing pane with hand pressure. The flexible webs of my fan shaped gasket are clearly unsuitable for supporting a tape. The shape is not compatible and they are just not rigid enough. These flexible webs allow the rigid, flat sides to move to fit the tolerances of the joint between two glass panes. The dimensions and tolerance of the joint between two glass panes are affected by: glass manufacturing cut tolerances; glass pane tolerances; glass pane levelling to the buildings floor tolerances; and the desired angle of the glass joint.
(1st witness statement paragraph 5)
S60(2) of the 1977 Act
The extruded connecting profile according to the invention thus has two rigid frame elements engaging the adjacent peripheral edges of two successive panels, and has an elastic structure. The elasticity of this elastic structure allows compression of the connecting profile, while the rigid frame elements remain in engagement with the panels. It follows that the present connecting profile can adapt to the size of the gap between the two panels.
As explained herein before, the frame elements are made of a more rigid material than the elastic structure. A variety of materials, namely synthetic materials, are suitable either for the frame elements or for the elastic structure. However, the elastic structure is preferably made of an olefin thermoplastic polymer. Regarding the frame elements, preferred materials are polymethyl methacrylate and polycarbonates.
(1) (a) Identify the notional person skilled in the art;
(b) Identify the relevant common general knowledge of that person;
(2) Identify the inventive concept of the claim in question or if that cannot readily be done, construe it;
(3) Identify what, if any, differences exist between the matter cited as forming part of the "state of the art" and the inventive concept of the claim or the claim as construed;
(4) Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention?
23. The '617 Patent does not disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art.
24. The claimed structure will not work without a sealing tape to hold the gasket in position.
25. Something more must certainly be required if the gasket is to be extended as described in the specification at page 4 line 21.
26. The degree of non-rigidity of the gasket is not disclosed. A flexible gasket cannot carry a sealing tape and a sealing tape is essential if the gasket is to create a seal.
firstly the skilled reader even if we allow him a team member from the plastics industry, does not have enough information to choose the material from which to make the hollow tube; secondly he cannot make a joint without having adhesive with a hollow tube alone, particularly if it is to be extended in use; and thirdly he cannot make an inherently flat sided tube.
i) The gasket in claim 1 will only provide a seal if sealing tape is used.
ii) The gasket can only be extended if there is "something more".
iii) Alleged ambiguity as to the degree of non-rigidity required.
iv) A non-rigid gasket will not work with a sealing tape so will not create a seal.
v) To make a single hardness extrusion gasket internal ribs are necessary in the production process.
(i) The gasket in claim 1 will only provide a seal if sealing tape is used.
The skilled person is taken to be trying to make the invention work. If the skilled person would quickly realise that one method would work and another would fail, the specification is not insufficient because the claim is expressed in terms broad enough to include both methods.
(ii) The gasket can only be extended if there is "something more".
In use, for an in-line joint, a first sheet of glass 8 is mounted in position. The gasket 1 is applied to one edge 9 of that glass sheet 8 so that the adhesive strip 7 on one of the longer sides 3 of the gasket 1 is aligned with the edge 9 of the glass sheet 8. A second glass sheet 10 is then mounted in place such that one edge 11 abuts the adhesive strip 7 on the other of the two longer sides 3 of the gasket 1. The two glass sheets 8, 10 are then adjusted as required, the gasket 1 being squashed or extended to accommodate this adjustment. The glass sheets 8, 10 are typically 10-12mm thick, although the gasket 1 may be used with glass of differing thicknesses.
(iii) Alleged ambiguity as to the degree of non-rigidity required.
(iv) A non-rigid gasket will not work with a sealing tape so will not create a seal.
(v) To make a single hardness extrusion gasket internal ribs are necessary in the production process.