The patent proprietor sought a review of Opinion 28/08 which found the patent invalid for lack of inventive step over a prior French patent document. The patent related to a method of forming a filter unit. The proprietor only challenged the reasoning in the Opinion regarding claim 2, which related to a pleated filter (it being accepted that the prior French document disclosed the other features of that claim). The proprietor argued that it would not have been obvious to use a pleated filter in the construction disclosed in the French document, as such a filter would have been too delicate to be useable in such a construction. Applying DLP Limited [2007] EWHC 2669, the hearing officer found that the examiner’s opinion was not clearly wrong, and no error of principle was alleged, and so declined to set aside any portion of the Opinion.
Judges:
Mr J Elbro
Citations:
[2010] UKIntelP o09110
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 22 October 2022; Ref: scu.457898
