Patent decision

BL number

O/235/05

Concerning rights in

GB0409405.8

Hearing Officer

Mr B Micklewright

Decision date

26 August 2005

Person(s) or Company(s) involved

David E Berg et al

Provisions discussed

PA..section 117

Keywords

Correction

Related Decisions

None

Summary

The applicant had filed a Form 11/77 requesting that the specification of the application be replaced by the specification of the priority application as a correction under section 117 of the Act. The hearing officer found that it was not obvious in the sense that it was immediately evident that nothing else could have been intended than for the specification of the application to be the same as that of the priority application and therefore that the requested correction did not satisfy the requirements of rule 91(2) of the Rules. The hearing officer also found that the mistake was a mistake in the filing of a document rather than a mistake in a document and therefore, following Klein Schanzlin & Becker AGs application [1985] RPC 241, that section 117 did not give the Comptroller discretion to allow the requested correction.

Full decision O/235/05 35Kb