Patent decision

BL number
O/554/21
Concerning rights in
GB1617110.0
Hearing Officer
Mr P Thorpe
Decision date
26 July 2021
Person(s) or Company(s) involved
Obrist Closures Switzerland GmbH
Provisions discussed
Patents Act Section 1(1)(b)
Keywords
Inventive step
Related Decisions
None

Summary

The invention relates to a valve sub assembly where a flexible valve member is retained by crimping in a closure member for the container. Such valve assemblies are used in containers such as ketchup bottles, sports drink bottles and the like. The application seeks to improve on the prior art by increasing the crimping force holding the vale member in place by increasing the crimping flange length from 1mm to 1.4mm. This increase it was claimed provided significantly increased retaining force. The Hearing Officer concluded that whilst extending the crimping flange might be an obvious way of increasing the holding force, increasing it to specifically 1.4mm as claimed was not clearly obvious. Applying the guidance in Blacklight Power Inc. v The Comptroller-General of Patents, the applicant was given the benefit of the doubt and the application was allowed to proceed.

Full decision O/554/21 PDF document193Kb