For the whole decision click here: o08505
Summary
The patent relates to a method and apparatus for detecting the amount of particles flowing in a fluid stream based on the principle that the electrical resistance of an erosion element placed in the stream will change as a result of its gradual erosion by the particles. C sought a declaration of non-infringement in respect of its own CMEP 026 and CMEP 024 erosion probes. D questioned whether full particulars of the infringing act had been provided by C.
The hearing officer found that the technical data sheets provided by C did give a clear and unambiguous description on which to decide whether Cs probes fell within the scope of the patent. He went on to find that Cs probes did not infringe the method and apparatus claims. Ds argument that the supply of multiple probes modified or configured in a partiuclar way might lead to contributory infringement of the patent was rejected by the hearing officer.