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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Aeomica Inc. (Patent) [2005] UKIntelP o17105 (23 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o17105.html
Cite as: [2005] UKIntelP o17105

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Aeomica Inc. [2005] UKIntelP o17105 (23 June 2005)

For the whole decision click here: o17105

Patent decision

BL number
O/171/05
Concerning rights in
GB 0201868.7
Hearing Officer
Mr P Back
Decision date
23 June 2005
Person(s) or Company(s) involved
Aeomica Inc.
Provisions discussed
PA 1977, Section 1(1)(b)
Keywords
Inventive step
Related Decisions
[2005] UKIntelP o17005, [2005] UKIntelP o19705

Summary

The application relates to a human polypeptide, human testis expressed patched-like protein (HTPL), a protein stated to be involved in the Hedgehog signaling pathway. Further claims relate to standard features or applications of polypeptides and polynucleotides which would be considered when any protein and/or gene is identified. Having considered the disclosures in the cited document, a National Center for Biotechnology Information (NCBI) sequence accession document containing references to three journal documents, it was held that there was in fact no disclosure and no evidence that the HTPL sequence was disclosed prior to the priority date of the application. In light of this it was considered that neither the NCBI accession document nor the references contained therein could be used to make an inventive step objection against the claimed invention and consequently the application was deemed to posess an inventive step.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o17105.html