Patent decision

BL number
Concerning rights in
GB0419580.6 GB0419583.0 GB0724070.8 GB0724072.4
Hearing Officer
Mr A Bartlett
Decision date
18 May 2009
Person(s) or Company(s) involved
Fisher Rosemount Systems, Inc
Provisions discussed
Section 1(2) of the Patents Act 1977
Clarity, Excluded fields (allowed)
Related Decisions


The applications relate to reconfiguring a process control system associated with a process plant.

The hearing officer considered the four-step test in Aerotel/Macrossan in the light of Symbian, and found the contribution to be inexorably linked to the control of a process plant. All four applications were therefore found to make a technical contribution and thus to relate to non-excluded subject matter. The hearing officer also found that the claims were in need of amendment so as to clearly define the invention, and warned of possible conflict between respective parent and divisional applications.

The applications were referred back to the examiner to resolve the clarity issues and to complete his assessment of whether they comply with the remaining parts of the Act.

Full decision O/136/09 PDF document33Kb