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United Kingdom Intellectual Property Office Decisions
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Brian George Knight (Patent) [2006] UKIntelP o11406 (5 May 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o11406.html
Cite as:
[2006] UKIntelP o11406
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Brian George Knight [2006] UKIntelP o11406 (5 May 2006)
For the whole decision click here: o11406
Patent decision
- BL number
- O/114/06
- Concerning rights in
- PCT/GB 2006/000410
- Hearing Officer
- Mr H J Edwards
- Decision date
- 5 May 2006
- Person(s) or Company(s) involved
- Brian George Knight
- Provisions discussed
- Patent Cooperation Treaty Article 11(1)
- Keywords
- Filing date
- Related Decisions
- None
Summary
The international application as filed on 3 February 2006 did not contain the two claims sheets indicated in the checklist on the Request Form, nor anything readily identifiable as claims. It was argued that claims were to be found either (i) in a numbered list included in the last two pages of what appeared to be the description, and headed 'Thus the present invention permits', or (ii) in the text that was on the sheet headed Abstract. It was held that neither of these passages were sufficiently clearly distinguishable as claims to disturb the initial impression that the claims sheets had been omitted. The filing date of 3 February 2006 could therefore not be accorded.