Category: Intellectual Property

Dr Harry Nduka (Patent): IPO 25 Oct 2011

IPO The application relates to a device for controlling incontinence using a bladder pressure sensor and a muscle stimulator. The specification provides a single embodiment of a ‘Y’ shaped device consisting of a pressure sensor gauge and an electrode each forming one arm of the ‘Y’, and an anchor portion that forms the foot of the ‘Y’. A guide wire is attached at one end to the electrode and in use is intended to be attached at the opposite end to the fast twitch sphincter muscle. A remote control is also provided to allow deactivation of the electrode and voluntary voiding of the bladder by the user. The claims, which were filed later, define bladder sphincter muscle-stimulating devices in more general terms, without any of the characterising features disclosed in the description.
The hearing officer found that the claims were unduly broad in scope and unsupported as they encompassed devices that are outside of the scope of the invention as filed. These broad claims also lacked novelty in view of three documents cited by the examiner.
As the claims lacked support, the hearing officer considered the novelty of the single specific embodiment that was disclosed in the specification, and found that should the claims be limited to this embodiment then they would be novel over the cited documents, and may be non-obvious to the skilled man. The application was therefore remitted to the examiner in order to give the applicant the opportunity to file suitable amendments.

Judges:

Rowena Dinham

Citations:

[2011] UKIntelP O36511

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Dr Harry Nduka (Patent)O/132/14 IPO 20-Mar-2014
IPO The invention related to a device for controlling incontinence using a bladder pressure sensor and a muscle stimulator. A previous decision relating to this case was appealed by the applicant. The subsequent . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 24 October 2022; Ref: scu.458495

Compurants Ltd (Patent) O/282/11: IPO 11 Aug 2011

IPO The application relates to a computer-controlled interactive food and/or drink ordering system for direct use by a customer where the prices are varied according to demand. It is known for restaurants and bars to vary the prices of food and/or drink. For example, the application refers to a ‘happy hour’ as a time when prices would be varied. The invention provides a system which includes a computer controlled projector that projects prices for food and/or drink items onto the surface of a table, that, when selected by a customer operating an interface device, leads to selected items being ordered at the displayed prices. The prices are varied automatically according to demand.
The Hearing Officer applied the four part test set out in the Aerotel and Macrossan judgment and found the contribution made by the invention fell solely within excluded matter. She also considered the Court of Appeal decision in Symbian and the decision in ATandT and Cvon and concluded that the contribution did not have a relevant technical effect. The application was refused as being a program for a computer as such and a method for doing business.

Judges:

Mrs S E Chalmers

Citations:

[2011] UKIntelP o28211, O/282/11, GB 0917357.6

Links:

Bailii

Statutes:

Patents Act 1977 1(2)

Intellectual Property

Updated: 23 October 2022; Ref: scu.458426

Compurants Ltd (Patent) O/284/11: IPO 11 Aug 2011

IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can generate and print the bill at the request of the customer. In conventional restaurants, when requesting a bill, customers usually need to attract a waiter which can take some time to do. There may also be a further delay before the waiter presents the bill. The invention provides a system which includes a computer controlled projector that projects images onto the surface of a table, the images including an image of an icon or button, that, when selected by a customer operating an interface device, causes a message to be sent to an electronic point of sale system (EPOS) to generate and, if desired, print a bill for that customer.
The Hearing Officer applied the four part test set out in the Aerotel and Macrossan judgment and found the contribution made by the invention fell solely within excluded matter. She also considered the Court of Appeal decision in Symbian and the decision in ATandT and Cvon and concluded that the contribution did not have a relevant technical effect. The application was refused as being a program for a computer as such.

Judges:

Mrs S E Chalmers

Citations:

[2011] UKIntelP o28411, O/284/11, GB 0917351.9

Links:

Bailii

Statutes:

Patents Act 1977 1(2)(c)

Intellectual Property

Updated: 23 October 2022; Ref: scu.458428