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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Nicholas J J F MacPhail (Patent) [2012] UKIntelP o50312 (21 December 2012)
URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o50312.html
Cite as: [2012] UKIntelP o50312
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Mr Nicholas J J F MacPhail (Patent) [2012] UKIntelP o50312 (21 December 2012)
Patent decision
- BL number
- O/503/12
- Concerning rights in
- GB2266762
- Hearing Officer
- Mr P Thorpe
- Decision date
- 21 December 2012
- Person(s) or Company(s) involved
- Mr Nicholas J J F MacPhail
- Provisions discussed
- PA Section 74B
- Keywords
- Opinions and Reviews
- Related Decisions
- None
Summary
The proprietor of the patent requested a review of opinion 18/10 arguing that the examiner had by reason of how he had interpreted the specification of the patent wrongly concluded that a particular act did not constitute an infringement of the patent. The Hearing Officer, applying DLP Limited [2007] EWHC 2669, however concluded that the examiner had not clearly been wrong in construing the claim such that it did not cover the alleged infringing product. The opinion was therefore not set aside.