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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr William Kostuj (Patent) [2010] UKIntelP o22210 (5 July 2010)
URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o22210.html
Cite as: [2010] UKIntelP o22210
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Mr William Kostuj [2010] UKIntelP o22210 (5 July 2010)
For the whole decision click here: o22210
Patent decision
- BL number
- O/222/10
- Concerning rights in
- GB 0709515.1
- Hearing Officer
- Miss Ceri Witchard
- Decision date
- 5 July 2010
- Person(s) or Company(s) involved
- Mr William Kostuj
- Provisions discussed
- Patents Act Sections 1(1) and 14(5)
- Keywords
- Clarity, Novelty, Section 20 period
- Related Decisions
- None
Summary
The application concerns a method of analysing the movement of a golf club during a ‘pre-swing’ period to determine a point of rotation. The Hearing Officer considered the main claim and concluded that its scope was dependent on the meaning of the term ‘pre-swing’ and that the term was defined within the specification such that it provided no meaningful limitation upon the main claim. As such the Hearing Officer found that the claims did not clearly define the scope of protection being sought. The Hearing Officer also concluded that the main claim, insofar as it could be construed, lacked novelty. The Hearing Officer also considered, and refused, a request to extend the Section 20 period. She therefore refused the application.