Patent decision

BL number
O/054/06
Concerning rights in
EP 0673730 B1
Hearing Officer
Mr P Back
Decision date
21 February 2006
Person(s) or Company(s) involved
Black & Decker Inc. v GMCA Pty Ltd.
Provisions discussed
PA 1977 sections 14, 27 and 76
Keywords
Amendment, Clarity, Inventive step, Novelty
Related Decisions
None

Summary

GMCA opposed Black & Decker's application to amend the patent in suit on the following grounds: i) that no satisfactory explanation was given for the proposed amended claims and the duty of full and frank disclosure had not been discharged in relation to any of the amended claims; ii) the amended claims did not distinguish over the prior art; and iii) the amended claims were not clear. The Hearing Officer allowed the amendments.

Full decision O/054/06 PDF document180Kb