- BL number
- O/641/20
- Concerning rights in
- GB1514746.5
- Hearing Officer
- Mr B Micklewright
- Decision date
- 17 December 2020
- Person(s) or Company(s) involved
- Island Abbey Foods Ltd.
- Provisions discussed
- Patents Act 1977 sections 1(1)(b) and 3
- Keywords
- Inventive step
- Related Decisions
- None
Summary
The invention related to a molasses product consisting essentially of a molasses having a moisture content equal to or less than about 0.5% (w/w), and to a process for obtaining this molasses product which consisted of heating the molasses to a temperature of at least 70°C while applying a vacuum of at least 711 mmHg (28 inHg), and maintaining these conditions until the moisture content reached 0.5% (w/w). The examiner had argued that the invention did not involve an inventive step over the common general knowledge alone and over three prior art documents. The hearing officer found that he did not have sufficient evidence to conclude that the invention did not involve an inventive step over the common general knowledge alone. He did however conclude that vacuum-drying processes for dehydrating molasses would have been well known to the skilled person, as would the desirability of minimising moisture content in molasses products, noting that there were few specific details of such processes disclosed in the application in suit. The hearing officer, considering the common general knowledge of the skilled person and the disclosure of each of the three documents, found that the present invention did not involve an inventive step over each of the three documents when considered in the context of the person skilled in the art’s common general knowledge. He therefore refused the application.
https://www.ipo.gov.uk/p-challenge-decision-results/p-challenge-decision-results-bl?BL_Number=O/641/20
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