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United Kingdom Intellectual Property Office Decisions
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Barry Mellor (Patent) [2008] UKIntelP o08708 (20 March 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08708.html
Cite as:
[2008] UKIntelP o8708,
[2008] UKIntelP o08708
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Barry Mellor [2008] UKIntelP o08708 (20 March 2008)
For the whole decision click here: o08708
Patent decision
- BL number
- O/087/08
- Concerning rights in
- GB 2405579 A
- Hearing Officer
- Mr S Probert
- Decision date
- 20 March 2008
- Person(s) or Company(s) involved
- Barry Mellor
- Provisions discussed
- Section 117B, Rule 109
- Keywords
- Extensions of time
- Related Decisions
- None
Summary
The applicant in this case did not respond to the first examination report until he received a letter from the Office (nearly four years later) saying that because he had not replied to the examination report his application was going to be treated as refused.
The Hearing Officer concluded that it was no longer possible to extend the reply period because more than two months had elapsed since the period had expired. He also decided that if he had had discretion to accept a late response, the reasons given were not sufficient to justify a favourable exercise of that discretion in the particular circumstances of this case. The application was refused for failure to comply with section 18(3) within the specified period.