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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DLP Limited (Patent) [2007] UKIntelP o11507 (26 April 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o11507.html
Cite as: [2007] UKIntelP o11507
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DLP Limited [2007] UKIntelP o11507 (26 April 2007)
For the whole decision click here: o11507
Patent decision
- BL number
- O/115/07
- Concerning rights in
- GB 2394175 B
- Hearing Officer
- Mr R Walker
- Decision date
- 26 April 2007
- Person(s) or Company(s) involved
- DLP Limited
- Provisions discussed
- PA 1977 section 74B
- Keywords
- Opinions and Reviews
- Related Decisions
- OPINION 14/06
Summary
The proprietor of patent number GB2394175B, DLP Limited, requested a review under section 74B of the Patents act of opinion 14/06; that opinion had concluded that installation of a particular shower tray did not infringe the patent, although a capping strip used in the installation would infringe a ‘means for clamping’ a flexible floor covering or flexible edge of a ramp. The proprietor challenged the examiner’s interpretation of the specification, particularly the approach to purposive construction.
The hearing officer found that, although the opinion examiner had interpreted claim 1 too narrowly in his consideration that a trough of the shower tray was ‘integral’ or ‘formed from the material of the tray itself’, and that more weight should have been given to providing an effective water seal, the overall conclusion in the opinion was correct that the patent would not be infringed by the particular shower tray if it were sold in the UK.
No third party was involved in either the original opinion or the review.