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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mrs. June Duncan (Patent) [2015] UKIntelP o09415 (26 February 2015)
URL: http://www.bailii.org/uk/cases/UKIntelP/2015/o09415.html
Cite as: [2015] UKIntelP o9415, [2015] UKIntelP o09415
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Mrs. June Duncan (Patent) [2015] UKIntelP o09415 (26 February 2015)
Patent decision
- BL number
- O/094/15
- Concerning rights in
- GB1104730.5
- Hearing Officer
- Mr P Mason
- Decision date
- 26 February 2015
- Person(s) or Company(s) involved
- Mrs. June Duncan
- Provisions discussed
- PA 1977 Section 1(1)(b)
- Keywords
- Inventive step
- Related Decisions
- None
Summary
The application relates to a heat therapy bra. Inserts containing flax seeds and dried lavender flowers are heated for example in a microwave and placed into pockets inside the cups of the bra. The prior art documents showed that it was known to provide bras with pockets to receive heatable inserts (for example containing gel and other materials). It was considered common general knowledge to utilise flax seeds and lavender in heatable pads used for relaxation and pain relief. Applying the approach set out in Windsurfing and Pozzoli the hearing officer found that the differences found between the inventive concept of the bra defined in claim 1 and the prior art would be obvious to the skilled person and refused the application as lacking an inventive step required by section 1(b).