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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Cinpres Gas Injection Limited v Melea Limited (Patent) [2003] UKIntelP o34803 (5 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o34803.html
Cite as: [2003] UKIntelP o34803
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Cinpres Gas Injection Limited v Melea Limited [2003] UKIntelP o34803 (5 November 2003)
For the whole decision click here: o34803
Patent decision
- BL number
- O/348/03
- Concerning rights in
- EP(UK) 0424435
- Hearing Officer
- Mr R C Kennell
- Decision date
- 5 November 2003
- Person(s) or Company(s) involved
- Cinpres Gas Injection Limited v Melea Limited
- Provisions discussed
- PA 1977 section 37(8)
- Keywords
- Decline to deal, Entitlement
- Related Decisions
- None
Summary
The referrers alleged that evidence had been given fraudulently in their earlier, and ultimately unsuccessful, reference concerning entitlement to the international application from which the patent in suit derived, and wished to re-open the matter. The defendants considered the matter res judicata. At the request of both parties the hearing officer declined to deal with the question on the grounds that the matter would be more properly determined by the court, and considered that it would be manifestly undesirable for the comptroller to pronounce on the propriety of an action which had been litigated before the Patents Court and Court of Appeal.