Patent decision

BL number
Concerning rights in
Hearing Officer
Mr A Bartlett
Decision date
25 November 2011
Person(s) or Company(s) involved
Mr Henri Duong
Provisions discussed
Section 14(3) and 14(5); Section 76
Added subject matter, Clarity, Sufficiency
Related Decisions


The application concerns an automatic braking system for a vehicle which is

activated when an obstruction is sensed so as to avoid a collision. Through

numerous rounds of amendment and re-examination the applicant sought to rely

upon generalising passages in the original specification as the basis for his

amended claims. The hearing officer found that those generalising

passages did not constitute an enabling disclosure of how the described pedal

activated braking system could be modified for use in a helicopter or submarine.

Consequently he found that the claims as amended added matter, were

insufficient and were unclear and refused the application under section 18(3) for

failing to comply with the Act at the end of the compliance period.

Full decision O/422/11 PDF document66Kb