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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Henri Duong (Patent) [2011] UKIntelP o42211 (25 November 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o42211.html
Cite as: [2011] UKIntelP o42211
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Mr Henri Duong [2011] UKIntelP o42211 (25 November 2011)
For the whole decision click here: o42211
Patent decision
- BL number
- O/422/11
- Concerning rights in
- GB0801564.6
- Hearing Officer
- Mr A Bartlett
- Decision date
- 25 November 2011
- Person(s) or Company(s) involved
- Mr Henri Duong
- Provisions discussed
- Section 14(3) and 14(5); Section 76
- Keywords
- Added subject matter, Clarity, Sufficiency
- Related Decisions
- None
Summary
The application concerns an automatic braking system for a vehicle which is
activated when an obstruction is sensed so as to avoid a collision. Through
numerous rounds of amendment and re-examination the applicant sought to rely
upon generalising passages in the original specification as the basis for his
amended claims. The hearing officer found that those generalising
passages did not constitute an enabling disclosure of how the described pedal
activated braking system could be modified for use in a helicopter or submarine.
Consequently he found that the claims as amended added matter, were
insufficient and were unclear and refused the application under section 18(3) for
failing to comply with the Act at the end of the compliance period.