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United Kingdom Intellectual Property Office Decisions
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Black Decker Inc. v GMCA Pty Ltd. (Patent) [2006] UKIntelP o05406 (21 February 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o05406.html
Cite as:
[2006] UKIntelP o05406,
[2006] UKIntelP o5406
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Black Decker Inc. v GMCA Pty Ltd. [2006] UKIntelP o05406 (21 February 2006)
For the whole decision click here: o05406
Patent decision
- BL number
- O/054/06
- Concerning rights in
- EP 0673730 B1
- Hearing Officer
- Mr P Back
- Decision date
- 21 February 2006
- Person(s) or Company(s) involved
- Black & Decker Inc. v GMCA Pty Ltd.
- Provisions discussed
- PA 1977 sections 14, 27 and 76
- Keywords
- Amendment, Clarity, Inventive step, Novelty
- Related Decisions
- None
Summary
GMCA opposed Black & Decker's application to amend the patent in suit on the following grounds: i) that no satisfactory explanation was given for the proposed amended claims and the duty of full and frank disclosure had not been discharged in relation to any of the amended claims; ii) the amended claims did not distinguish over the prior art; and iii) the amended claims were not clear. The Hearing Officer allowed the amendments.