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United Kingdom Intellectual Property Office Decisions
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Proto Magic Innovations Limited (Patent) [2011] UKIntelP o19411 (6 June 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o19411.html
Cite as:
[2011] UKIntelP o19411
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Proto Magic Innovations Limited [2011] UKIntelP o19411 (6 June 2011)
For the whole decision click here: o19411
Patent decision
- BL number
- O/194/11
- Concerning rights in
- GB 0723574.0
- Hearing Officer
- Mr A Bartlett
- Decision date
- 6 June 2011
- Person(s) or Company(s) involved
- Proto Magic Innovations Limited
- Provisions discussed
- Patents Act 1977 section 1(1)(b)
- Keywords
- Clarity, Inventive step
- Related Decisions
- None
Summary
The invention relates to a profiling device to be placed on the mattress of a bed to allow the occupant of the bed to be supported in a variety of positions. The invention is particularly concerned with a bed profiling device having a soft cover, the cover including a pocket on its upper surface at its head end to hold a pillow, the pocket being open at a side nearest the head end of the cover.
The hearing officer applied the steps of the Windsurfing test, as reformulated in Pozzoli, and found that the claimed invention made an inventive step over the cited prior art. However, the hearing officer identified a number of clarity and consistency issues, and so remitted the application back to the examiner to address those issues.