Patent decision

BL number
O/080/13
Concerning rights in
GB0814285.3
Hearing Officer
Mr B Buchanan
Decision date
21 February 2013
Person(s) or Company(s) involved
Christopher Blacklock
Provisions discussed
Patents Act 1977 section 1(1)(b)
Keywords
Inventive step
Related Decisions
None

Summary

The invention is concerned with a gas diffuser for diffusing an inert gas, such as carbon dioxide, into an area of a patient’s body undergoing an invasive medical procedure such as surgery. By displacing air, the invention reduces the risk of infection and air embolisms. The invention comprises a tip made from a hydrophobic, micro-porous material and claims the advantage that the tip is sufficiently dense not to let fluid soak into it and to allow gas to diffuse through the majority of its surface when immersed in fluid. It is stated to therefore be more effective in use and enable a reduced gas flow in operation.

The Hearing Officer considered the steps set out in Windsurfing and Pozzoli in assessing whether the claimed inventive concept involves an inventive step. He construed the claim to determine that the difference between the claimed inventive concept and the state of the art was obvious and as such did not provide the required inventive step. The application was remitted to the examiner because of the presence of features in the application which were not clearly defined by the claims, which may enable a saving amendment.

Full decision O/080/13 PDF document88Kb