For the whole decision click here: o07706
Summary
The patent relates to filter units for pumps, and in particular to a backwashing arrangement for keeping the filter screen clean. The hearing officer rejected submissions that the main claims were anticipated by a prior art patent specification 'D1' because the claimants arguments were based in part on taking passages in D1 out of context and in part on variations that were not disclosed in D1.
Although lack of inventive step had not been pleaded originally, the parties had addressed it and were content for it to be considered. The Hearing Officer considered the construction of a critical passage in the main claims, a matter on which he had asked for, but not received, submissions. He then found two passages in D1 that invited the reader to consider modifying one of the embodiments in a way that would meet the requirements of the present main claims as he had construed them, and on that basis found lack of inventive step. The patentee was given an opportunity to amend.
The clamant was awarded costs at the lower end of the scale because he had not addressed what turned out to be the key issues either in the pleadings or at the hearing.