Patent decision

BL number

O/623/17

Concerning rights in

GB 1402766.8 and GB 1615839.6

Hearing Officer

Mrs S E Chalmers

Decision date

6 December 2017

Person(s) or Company(s) involved

Munckin Inc

Provisions discussed

Section 1(1)(a) and Rule 108

Keywords

Clarity, Extensions of time, Novelty, Support

Related Decisions

None

Summary

The applications relate to spillproof drinking assemblies, particularly those that can be used as training cups for toddlers. These assemblies typically comprise a lid with a drinking opening allowing a limited flow of liquid and a container body that are provided with mating helical threads to enable the lid to be securely fastened to the container body by screwing. If the lid is not fully screwed on, this can result in the leakage of fluid and the ingress of air. On the other hand, if the lid is overtightened, deformation of the threads and sealing surfaces can occur and the lid can be difficult to remove. The invention is concerned with providing visual assurance to users that there is the proper degree of tightening between the lid and container body.

The Hearing Officer refused requests under rule 108(3) to further extend the compliance period on both applications. She found that the claims on both applications were novel as required by section 1(1)(a) but lacked clarity and support as required by section 14(5). She therefore refused the applications under section 20(1) for failure to comply with the act by the end of the compliance period.

Full decision O/623/17 425Kb