Patent decision

BL number

O/568/16

Concerning rights in

GB1217902.4 (GB2492017 A)

Hearing Officer

Mr B Buchanan

Decision date

5 December 2016

Person(s) or Company(s) involved

Newhula.com, Inc.

Provisions discussed

sections 1(1)(b) & 14(5)(b)

Keywords

Clarity, Inventive step, Support

Related Decisions

None

Summary

The application in suit is concerned with the provision of virtual exercise equipment to allow a user to train to move a hoop around the waist, for example to practice hulahooping. The Hearing Officer considered whether the claims defined an inventive step and whether they were clear and supported. In following the approach set out by the Court of Appeal in Windsurfing and reformulated by that Court in Pozzoli, the Hearing Officer decided that the inventive concept relies upon a selective combination of measurements which provide core data which efficiently characterises the movement of a hoop around a user’s waist and which is not disclosed or suggested in the common general knowledge or the prior art. The invention relies for its implementation upon technical features which, whilst they may have been feasible prior to the priority date of the invention, would not have been obvious to a person skilled in the art of designing exercise equipment. Upon applying a purposive construction to the claims as required following Kirin-Amgen, the Hearing Officer found that the claims were clear and supported by the description. The Hearing Officer gave an oral decision including reasons and remitted the application to the examiner for an examination report to identify where amendments were required to bring the description in line with the claims.

Full decision O/568/16 180Kb