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:
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