Arctic Circle Limited (Patent) [2012] UKIntelP o04012 (1 February 2012)
Patent decision
BL number
O/040/12
Concerning rights in
GB 0612849.0
Hearing Officer
Mr A Bartlett
Decision date
1 February 2012
Person(s) or Company(s) involved
Arctic Circle Limited
Provisions discussed
PA 1977 Section 14(3), Section 76
Keywords
Added subject matter, Clarity, Sufficiency, Support
Related Decisions
None
Summary
The application relates to a compressor of the sort commonly employed in refrigeration equipment, air conditioning systems or heat pumps. Removal of reference to specific arrangements disclosed in an unpublished co-pending application was required in light of Halliburton. The Hearing Officer was required to decide whether or not amended pages that were filed added matter to the application by broadening the original disclosure, whether or not the application as filed provided sufficient disclosure to enable the skilled man to work the invention when the reference to the un-published material was removed, and whether or not the amended claims were supported by the specification as filed following removal of the reference to the un-published material. The Hearing Officer found in the applicant’s favour on all counts. The rule 30 period was extended and the application was returned to the Examiner for further consideration.