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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Ms. Penelope Mary Townsend Mr. Hugh David Niblock Hunter Boot Limited (Patent) [2009] UKIntelP o05509 (24 February 2009)
URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o05509.html
Cite as: [2009] UKIntelP o05509, [2009] UKIntelP o5509
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Ms. Penelope Mary Townsend Mr. Hugh David Niblock Hunter Boot Limited [2009] UKIntelP o05509 (24 February 2009)
For the whole decision click here: o05509
Patent decision
- BL number
- O/055/09
- Concerning rights in
- GB 2410415
- Hearing Officer
- Mr A C Howard
- Decision date
- 24 February 2009
- Person(s) or Company(s) involved
- Ms. Penelope Mary Townsend Mr. Hugh David Niblock Hunter Boot Limited
- Provisions discussed
- PA 1977 section 74B
- Keywords
- Opinions and Reviews
- Related Decisions
- OPINION 01/08
Summary
The patent relates to a sock for a boot, the sock having three defined parts: a lower foot portion, an upper portion for fitting snugly around the inside of the upper portion of the boot, and an outer portion for fitting snugly around the outside of the top of the boot. The proprietor of the patent has applied for a review under section 74B of the Patents act of opinion 01/08; that opinion had concluded that a proposed design of sock did not infringe the patent. The proprietor challenged the examiner’s interpretation of claim 1 and the specification, both the approach and conclusion under purposive construction.
The hearing officer found that the opinion examiner had followed the appropriate law in interpreting claim 1 and the specification and that the conclusion in the opinion was a reasonable one.