7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| PHIL & TED'S MOST EXCELLENT BUGGY COMPANY LIMITED
|- and -
|(1) TFK TRENDS FOR KIDS GMBH
(2) OLIVER BEGER
(3) UDO BEGER
Douglas Campbell (instructed by Jennings IP) for the Defendants
Hearing dates: 19th, 20th March 2013
Crown Copyright ©
Judge Birss :
|The person skilled in the art||11|
|Common general knowledge||13|
|Construction of claim 1||45|
|Chinese Utility Model||72|
Person Skilled in the Art
i) Have a good knowledge of mechanical design and development;
ii) Have a good knowledge of the pushchair/baby market and trends as to what parents are looking for;
iii) Be familiar with manufacturing processes;
iv) Have a good knowledge of relevant safety standards;
v) Have a good understanding of fabrics and fabric construction.
Common General Knowledge
Design Features and Techniques
i) Using connectors or adapters on a chassis to enable different components to be attached to the same chassis. They were lockable.
ii) Foldable fabric seat units.
iii) Moveable foot sections.
iv) Reclining mechanisms in general (there were a number of options).
v) Frame construction from tubular aluminium or steel with plastic moulded joints.
Construction of claim 1
|1||Convertible seat/lying down insert for baby carriages or doll's prams|
|2||comprising an upper encircling frame (8), at which are suspension means (9,10)|
|3||for fastening to a base with pivotably interconnected base parts (11, 12, 13), which are stiff in bending and define transversely extending fold axes|
|4||or a foldable mattress (33), which has transversely extending fold axes, with stiffened panels,|
|5||and devices for pivotable fastening of the frame (8) to support elements in or at the chassis of the baby carriage or doll's pram|
|6||wherein the seat/lying down insert is transferrable from the use setting as a lying down insert to a use setting as a seat insert by bringing the frame (8) from a substantially horizontal position to at least one inclined position characterised in that|
|7||downwardly extending adapters (1,2) lying approximately at the centre of gravity axis of the frame (8) or offset towards the head end of the frame are provided at the side bars of the frame (8)|
|8||and are fastenable directly or via mounts (6,7) thereto and at the underside in or on the chassis or on a pedestal placeable on a support base|
|9||and the adapters (1, 2) are settable at the top and/or bottom at different angles of inclination or the frame (8) is settable into different angles of inclination relative to the adapters (1, 2),|
|10||wherein in the horizontal position of the frame (8) a first base part (13) or mattress panel of the mattress (33), which extends substantially parallel to the frame and in the direction of the foot end, in each position if use of the seat/lying down insert forms at least the support section for the fibulae|
|11||the following base part (12) or mattress panel forms the sitting section|
|12||and the third base part (11) or mattress panel articulated thereto forms the backrest section|
|13||and the relative angular adjustment of the sections is carried out by change in length and/or by changing the connecting points of the suspension means.|
i) Suspension means
iii) The base or mattress
However, instead of such tape-formed suspension means, the side walls consisting of textile material can also be used directly as adjustable suspension means. For example, by folding the side wall it can be ensured that this can be shortened or lengthened by means of press studs 38. Tape-formed suspension means can also be stitched into the material and can then each be connected with press stud elements arranged in a particular pattern in order to achieve the desired raising or lowering of the individual base parts 11, 12, 13 depending on the position of the frame.
The base or mattress
(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?
Chinese Utility Model (Goodbaby)
Removable attachment and features 7, 8 and 9
Fabric and feature 13
Combination of removable attachment and the fabric
Conclusion on Goodbaby
UK application GB 2 163 045 (Bigo)