Patent decision

BL number
O/214/10
Concerning rights in
EP(UK)1367016B1
Hearing Officer
Mr S Probert
Decision date
1 July 2010
Person(s) or Company(s) involved
Leonard Stockley v Husqvarna UK Ltd
Provisions discussed
Section 72, Section 75
Keywords
Costs, Inventive step, Revocation
Related Decisions
O/402/09, O/118/09

Summary

The patent concerns an electric lawnmower, with a spool holder for storing the electric cable integrally formed on an outside surface of the grass-box. In a previous decision (O/402/09), the Hearing Officer gave the patentee an opportunity to amend the patent under section 75, to avoid revocation. Three alternative sets of claims were proposed by the patentee under section 75, and a hearing was held following which the Hearing Officer accepted that (only) the second of the three alternative sets of claims could be allowed. Because the claim set included another independent claim (claim 2) that was not allowable, the Hearing Officer gave the patentee a short period of time to refile the second set of claims with claim 2 deleted.

The decision also deals with the matter of costs in the revocation proceedings.

Full decision O/214/10 PDF document59Kb