Patent decision

BL number
Concerning rights in
GB 2314719
Hearing Officer
Mr P Hayward
Decision date
8 November 2002
Person(s) or Company(s) involved
Eastman Kodak Company v American Photo Booths Inc
Provisions discussed
PA 1977, section 72(1), 1(1)
Industrial application, Novelty, Revocation, Sufficiency
Related Decisions


The claimant sought revocation of the patent on the grounds of novelty (and inventive step of some subordinate claims) and, added to the Statement of Grounds following a preliminary decision, industrial applicability and/or sufficiency. Found that a passage of claims 1 and 6 was incapable of being construed by a person skilled in the art and that the claimed invention therefore cannot work and cannot be capable of industrial application. As a result, the specification does not (and could not) disclose the invention clearly enough and completely enough for it to be performed by a person skilled in the art.

Even if the invention were considered capable of industrial application and sufficiently described, claim 1 found lacking in novelty, but no finding made on the novelty of claim 6, nor on novelty or inventive step of subordinate and omnibus claims.

Full decision O/457/02 PDF document32Kb