Patent decision

BL number
Concerning rights in
Hearing Officer
Mr R C Kennell
Decision date
13 August 2008
Person(s) or Company(s) involved
Fisher-Rosemount Systems, Inc
Provisions discussed
PA 1977 sections 1(1)(a), 1(2)
Excluded fields (allowed), Novelty
Related Decisions


For the more effective operation of multivariable process control systems, the invention modelled the process as two or more single-input single-output (SISO) models and selected a subset of the SISO models for adaptation on the basis of detected process conditions. The hearing officer held the claims novel over a citation in which, although a subset of the SISO controllers in a process was adapted, there was no modelling the process as a plurality of SISO models.

Amended system claims did not merely claim adaptation of the process model but also included the process control aspects. On excluded matter, the hearing officer applying the Aerotel test held that this made a contribution which went beyond merely using a plurality of SISO models in a multivariable process control system, did not relate solely to excluded matter and was technical in nature.

Since the method claims did not fully reflect this contribution, he allowed the applicant a period to submit further amendments.

Full decision O/238/08 PDF document40Kb