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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Rita Rusk Innovations Ltd and Wilson Gunn LLP (Patent) [2008] UKIntelP o10908 (14 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o10908.html
Cite as: [2008] UKIntelP o10908
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Rita Rusk Innovations Ltd and Wilson Gunn LLP [2008] UKIntelP o10908 (14 April 2008)
For the whole decision click here: o10908
Patent decision
- BL number
- O/109/08
- Concerning rights in
- GB 2414932 B
- Hearing Officer
- Mr P Back
- Decision date
- 14 April 2008
- Person(s) or Company(s) involved
- Rita Rusk Innovations Ltd and Wilson Gunn LLP
- Provisions discussed
- Section 27
- Keywords
- Amendment, Oppositions
- Related Decisions
- None
Summary
A request to amend under Section 27 was opposed. No counterstatement was received from the Applicant and the opposition was treated as uncontested. The Opponent asked to be heard and argued that this situation was different to that in Norsk Hydro AS’s Patent [1997] RPC 1989 where the amendments had been treated as withdrawn where no counterstatement had been filed to an opposition. The Hearing Officer agreed and heard the opposition. The hearing officer concluded that the amendments did not cure the defect identified by the Applicant in that they did not distinguish the patent from the prior art. The amendments were refused.