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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Eastman Kodak Company v American Photo Booths Inc (Patent) [2002] UKIntelP o45702 (8 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o45702.html
Cite as: [2002] UKIntelP o45702
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Eastman Kodak Company v American Photo Booths Inc [2002] UKIntelP o45702 (8 November 2002)
For the whole decision click here: o45702
Patent decision
- BL number
- O/457/02
- Concerning rights in
- GB 2314719
- Hearing Officer
- Mr P Hayward
- Decision date
- 8 November 2002
- Person(s) or Company(s) involved
- Eastman Kodak Company v American Photo Booths Inc
- Provisions discussed
- PA 1977, section 72(1), 1(1)
- Keywords
- Industrial application, Novelty, Revocation, Sufficiency
- Related Decisions
- [2002] UKIntelP o14502
Summary
The claimant sought revocation of the patent on the grounds of novelty (and inventive step of some subordinate claims) and, added to the Statement of Grounds following a preliminary decision, industrial applicability and/or sufficiency. Found that a passage of claims 1 and 6 was incapable of being construed by a person skilled in the art and that the claimed invention therefore cannot work and cannot be capable of industrial application. As a result, the specification does not (and could not) disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art.
Even if the invention were considered capable of industrial application and sufficiently described, claim 1 found lacking in novelty, but no finding made on the novelty of claim 6, nor on novelty or inventive step of subordinate and omnibus claims.