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United Kingdom Intellectual Property Office Decisions
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Delco Electronics Europe Gmbh (Patent) [2003] UKIntelP o04803 (17 February 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o04803.html
Cite as:
[2003] UKIntelP o4803,
[2003] UKIntelP o04803
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Delco Electronics Europe Gmbh [2003] UKIntelP o04803 (17 February 2003)
For the whole decision click here: o04803
Patent decision
- BL number
- O/048/03
- Concerning rights in
- GB9718677.9
- Hearing Officer
- Mr D J Barford
- Decision date
- 17 February 2003
- Person(s) or Company(s) involved
- Delco Electronics Europe Gmbh
- Provisions discussed
- Section 76, section 14(5)(c)
- Keywords
- Added subject matter, Support
- Related Decisions
- None
Summary
During the course of examination the claims were amended to meet citations which necessitated some amendment of the description. The latter amendment was considered to add matter and result in the claims not being supported by the description. In respect of the added matter objection it was held that application of both the Bonzel test and the EPO 'novelty test' produced the same result, namely that section 76(2) was contravened. In respect of the support objection it was held that, since the description had been amended in such a way that it included an embodiment which did not incorporate a feature now required by claim 1, section 14(5)(c) was contravened. An opportunity to amend was given.