- BL number
- O/282/19
- Concerning rights in
- GB1417440.3
- Hearing Officer
- Dr L Cullen
- Decision date
- 23 May 2019
- Person(s) or Company(s) involved
- Mr Roger West
- Provisions discussed
- Section 1(1)(b)
- Keywords
- Inventive step
- Related Decisions
- None
Summary
The application relates to a multi-parameter embeddable sensor apparatus for monitoring variables within rail vehicle components, including the vehicles themselves and the rails they run on. The apparatus comprises a pair of strain gauges housed within a barrel such that when the barrel is embedded in a through-hole or bore of a rail, the strain gauges are each within the web of the rail. This apparatus is used to measure the weight of the rail vehicle components.
The hearing officer, applying the test as outlined in Windsurfing/Pozzoli, considered whether the invention as claimed was inventive over the cited prior art. The applicant, who represented himself, highlighted features of the invention not present in the claims as currently on file, as being part of the inventive concept. The hearing officer carefully considered those features highlighted by the applicant and found that some were not disclosed in the application as filed and some were not part of the invention as claimed.
The hearing officer, having identified the inventive concept of the application, concluded that the difference between this and the prior art – a strain gauge mounted either side of the neutral axis of the rail – amounts to a routine workshop alteration to include a feature commonly known in the art. However, some of the additional features highlighted by the applicant would appear to offer a suitable amendment to address the inventiveness objection.
The application was remitted back to the examiner.
https://www.ipo.gov.uk/p-challenge-decision-results/p-challenge-decision-results-bl?BL_Number=O/282/19
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