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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Aesir Limited (Patent) [2011] UKIntelP o17511 (24 May 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o17511.html
Cite as: [2011] UKIntelP o17511
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Aesir Limited [2011] UKIntelP o17511 (24 May 2011)
For the whole decision click here: o17511
Patent decision
- BL number
- O/175/11
- Concerning rights in
- GB0508793.7
- Hearing Officer
- Mrs C L Davies
- Decision date
- 24 May 2011
- Person(s) or Company(s) involved
- Aesir Limited
- Provisions discussed
- PA 1977 Section 1(1)(b)
- Keywords
- Inventive step
- Related Decisions
- None
Summary
1 The application relates to a craft employing a rotor whose fluid output is directed over a dome or canopy and thus diverted from a radial to an axial direction creating lift or thrust. More particularly the invention is concerned with improving the stability of such craft by means of the angular inertia or angular momentum of the rotating parts.
2 The Hearing Officer, following the structured approach set out in Windsurfing International Inc. v Tabur Marine (Great Britain) Ltd, [1985] RPC 59 and as reformulated by Jacob LJ in Pozzoli SPA v BDMO SA [2007] EWCA Civ 588 (see paragraph 23 of the Court of Appeal’s judgment) found that the invention as claimed in claim 1 lacked an inventive step. The Hearing Officer however provided the applicant with an opportunity to file amendments to the claims to overcome the outstanding inventive step objection.