Patent decision

BL number

O/0034/23

Concerning rights in

GB1813098.9

Hearing Officer

Mr S Brown

Decision date

13 January 2023

Person(s) or Company(s) involved

Sergei Aleksandrovich Korotkov

Provisions discussed

PA 1977 Sections 14(3), 1(1)(a) and 1(1)(b)

Keywords

Inventive step, Novelty, Sufficiency

Related Decisions

None

Summary

The application concerns a container for heating water, such as a “tea kettle”. The container includes two chambers selectively divided from each other by a partition. When the partition is open heating the bottom part of the container boils the water in both chambers. If only a small amount of hot water is required, the partition is closed and water in the upper chamber receives less heat thereby reducing energy consumption.

1 The Hearing Officer considered two claim sets - one as amended on 31 May 2022, the second as filed, after the compliance date, on 1 August 2022, the examiner having refused the accompanying F52.

The Hearing Officer considered sufficiency and applied the Pozzoli test and decided that the application on file on 31 July 2022 lacked sufficiency due to excessive claim breadth and further that the first claim set lacked the required inventive step. He further decided that while the application on file on 1 August 2022 was sufficient the second claim set still lacked the required inventive step. He therefore declined to decide whether discretion should be exercised to allow the last F52. The application was refused under section 18(3).

Full decision O/0034/23 398Kb