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United Kingdom Intellectual Property Office Decisions
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Pendawell (2000) Limited v (1) Orange Personal Communications Services Limited and (2) Page White Farrer (Patent) [2003] UKIntelP o03903 (7 February 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o03903.html
Cite as:
[2003] UKIntelP o03903,
[2003] UKIntelP o3903
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Pendawell (2000) Limited v (1) Orange Personal Communications Services Limited and (2) Page White Farrer [2003] UKIntelP o03903 (7 February 2003)
For the whole decision click here: o03903
Patent decision
- BL number
- O/039/03
- Concerning rights in
- GB 2252270 B.
- Hearing Officer
- Mr S N Dennehey
- Decision date
- 7 February 2003
- Person(s) or Company(s) involved
- Pendawell (2000) Limited v (1) Orange Personal Communications Services Limited and (2) Page White & Farrer
- Provisions discussed
- PA 1977 section 27
- Keywords
- Added subject matter, Amendment, Inventive step, Novelty
- Related Decisions
- None
Summary
Orange and Page White & Farrer opposed Pendawells application to amend the patent in suit on the grounds that the proposed amendments added subject matter, introduced ambiguity and did not distinguish over the prior art which was the reason for the application. They also argued that the comptroller should refuse the application as a matter of discretion. The Hearing Officer allowed the amendments, but made an award of costs in favour of the opponents in view of the influence they had had on the final form of amendment.