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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Delco Electronics Europe Gmbh (Patent) [2003] UKIntelP o04803 (17 February 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o04803.html
Cite as: [2003] UKIntelP o04803, [2003] UKIntelP o4803

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Delco Electronics Europe Gmbh [2003] UKIntelP o04803 (17 February 2003)

For the whole decision click here: o04803

Patent decision

BL number
O/048/03
Concerning rights in
GB9718677.9
Hearing Officer
Mr D J Barford
Decision date
17 February 2003
Person(s) or Company(s) involved
Delco Electronics Europe Gmbh
Provisions discussed
Section 76, section 14(5)(c)
Keywords
Added subject matter, Support
Related Decisions
None

Summary

During the course of examination the claims were amended to meet citations which necessitated some amendment of the description. The latter amendment was considered to add matter and result in the claims not being supported by the description. In respect of the added matter objection it was held that application of both the Bonzel test and the EPO 'novelty test' produced the same result, namely that section 76(2) was contravened. In respect of the support objection it was held that, since the description had been amended in such a way that it included an embodiment which did not incorporate a feature now required by claim 1, section 14(5)(c) was contravened. An opportunity to amend was given.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o04803.html