Patent decision

BL number

O/023/03

Concerning rights in

GB2329332

Hearing Officer

Mr P Hayward

Decision date

27 January 2003

Person(s) or Company(s) involved

McAlpine & Company Ltd v Eskander Corporation NV

Provisions discussed

PA.1977 S. 72(1)(a)

Keywords

Inventive step, Revocation

Related Decisions

None

Summary

The patent related to a non-return valve used in a waterless or non-flushed urinal to replace a fluid filled trap to seal against the drains. It required a particular arrangement that allowed the valve to be removed through the urinal waste outlet. McAlpine contended that the patent should be revoked for lack of inventive step on the basis of prior patent and non-patent documents (some of the latter having been introduced with its evidence). Use of such valves in waste systems was known from one of the prior patents, one of whose embodiments had been commercialised. Further, the idea of using that embodiment in urinals had also been suggested, though this would not result in an arrangement meeting the requirements of the main claim. Nevertheless the hearing officer held that the main claim was invalid because it was obvious to use another of the embodiments in that prior patent in a waterless urinal, and this would result in an arrangement that did fall within the scope of the claim. He also found most of the appendant claims to be obvious, but upheld one of them. Opportunity for amendment was offered.