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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> James Shanley (Patent) [2002] UKIntelP o42202 (16 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42202.html
Cite as: [2002] UKIntelP o42202
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James Shanley [2002] UKIntelP o42202 (16 October 2002)
For the whole decision click here: o42202
Patent decision
- BL number
- O/422/02
- Concerning rights in
- GB 9801077.0
- Hearing Officer
- Mr D J Barford
- Decision date
- 16 October 2002
- Person(s) or Company(s) involved
- James Shanley
- Provisions discussed
- PA 1977 sections 1(2)(b), 1(2)(c), 3; EPC articles 52, 56
- Keywords
- Excluded fields (refused), Inventive step
- Related Decisions
- None
Summary
Claimed is a demountable partition for buildings characterised by the use of curved frame members. As described, this is in order 'to provide a different appearance'.
Excluded fields Following practice laid down by the UK courts, in particular in Fujitsu Limiteds Application, it was held that since the contribution provided by claims 1 to 3 is not technical but wholly aesthetic, the invention so claimed is excluded. Observed that had Pensions Benefit (an EPO decision) applied, the decision would have been different, since Pensions Benefit rejects the contribution approach and requires only 'technical character'.
Inventive step Held that since the contribution provided by claims 1 to 3 is no more than common general knowledge, there is no inventive step (following Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd). In Pensions Benefit, the claimed improvement was assessed and found to lack inventive step since it did not solve a technical problem or make a technical contribution. Held that, on this basis too, claims 1 to 3 lack inventive step.