Patent decision

BL number
O/079/00
Concerning rights in
GB 2165292
Hearing Officer
Mr S N Dennehey
Decision date
3 March 2000
Person(s) or Company(s) involved
Clear Focus Imaging Inc v Contra Vision Ltd
Provisions discussed
PA 1977 sections 27, 75, 76
Keywords
Added subject matter, Amendment
Related Decisions
O/137/00, O/412/00, O/388/01

Summary

The defendants had filed a request to amend their patent GB 2165292 under section 27. The claimants gave notice of opposition to the proposed amendments and also applied for a declaration of non-infringement under section 71. Since both parties wished for the matter of the amendments to be decided before further proceedings under section 71, they agreed that the application to amend should proceed under section 75, with the proceedings under section 71 stayed.

The opposition to the amendments was in part based on arguments concerning added matter and a failure to cure stated defects. The Hearing Office found that the defendants had not discharged the onus on them to show that some of their proposed amendments would not add matter; and further that other of the proposed amendments did not distinguish claims over the prior art. In any case, the request to amend as a whole was rejected for introducing unacceptable prolixity of claims - since the unamended patent contained 65 claims in total, whereas the proposed amendments would have resulted in 239 claims, 68 of which were independent.

Full decision O/079/00 PDF document55Kb