Patent decision

BL number

O/026/12

Concerning rights in

GB 1103477.4

Hearing Officer

Mr P Thorpe

Decision date

27 January 2012

Person(s) or Company(s) involved

Optinose AS

Provisions discussed

PA 1977 Section 14(5)

Keywords

Claim construction, Divisional application

Related Decisions

None

Summary

The decision considered whether the invention claimed in a divisional application related to the same invention as claimed in the granted parent application. The hearing officer found that one of the dependant claims in the divisional fell entirely within the scope of one of the claims in the parent. However since these claims were not coterminous, nor did they relate in substance to the same invention, there was no conflict. The application was forwarded for grant.

Full decision O/026/12 90Kb