Greif & Technocraft

The case is all about a mech. patent granted in Europe in 2008.  The Proprietor (Applicant) Grief International Holding B.V is holding the Patent EP 1467922 (‘922).  The Patent relates to an improved container closure plug having a unique gasket retaining feature.  Interestingly, Technocraft Industries, a company based out of India filed an Opposition in the year 2009 to revoke this patent.

Technical Aspects of the Invention:

The present invention in question provides a closure plug that overcomes the problem of sealing gasket gripping and looping persisted in the available art.  Particularly, the Independent claim of the present invention is given below:

1. A closure plug formed with

i) a cylindrical side wall having an external helical screw thread,

ii) a circumferentially enlarged rim,

iii) an angular gasket seat immediately under the plug rim; and

iv) a continuous circumferential radially outwardly extending gasket retaining lip below the plug gasket seat,

characterized in that:

v) the gasket seat flares radially outwardly and upwardly directly from the root of the gasket retaining lip to meet the plug rim.

From the above claim, it is clearly seen that the subject matter as described and claimed involves a closure plug that has a cylindrical side wall, an enlarged plug rim, an angular gasket seat and a gasket retaining lip.

Opponent Contention:

The Opponent Technocraft cited six new prior arts to destroy the novelty and the inventive step of the claim in question. But during the oral proceedings, Opponent majorly used D5: US 3, 255, 916 Patent (‘916) as his powerful weapon.  The opponent contested that the subject matter present in the ‘916 patent reads the claim elements (feature i – iv) of ‘922.  Opponent further argued that gasket seat 19 from the figures 1 – 3 of ‘916 patent shows a gasket seat that flares radially outwardly and upwardly from the root of the gasket retaining lip to meet a plug rim.  Opponent finally argued that the word “directly” in the characterized portion is not clearly defined in the specification (patent in question) and further suggested the figures 1 – 3 of ‘916 patent shows like the arrangement as claimed in the patent that is in question.

Also, Opponent further cited two prior arts D3 (DE 44 40 852) and D8 (US 4, 768, 677) and merely stated that these prior arts destroy the novelty of the claim in question.

Opponent further cited D8 ‘677 Patent for destroying the Inventive step of the Invention.

Further, the Opponent cited the prior art combinations (D8 + D10) and (D8 + D9) and argued that even if the claim is novel in view of the prior art, it cannot be based on the Inventive step.

[D9: US 1, 964, 603 & D10: DE 810, 413]

Oral Hearing (Feb, 2010):

It is noteworthy to mention that the Proprietor consistently, during the opposition, said that none of the prior arts describe and disclose a gasket seat that flares radially outwardly and upwardly directly from the root of the gasket retaining lip to meet a plug rim. Further, Applicant argues, it is not obvious to a person skilled in the art to combine the prior arts as argued by the opponent.

As a last bomb, the Proprietor in the oral proceeding clearly argues that flaring is the solution to the problem of gripping mentioned in the description and that the seat directly flaring from the root of the lip provides an increased area of contact between gasket seat, as mentioned in the patent, aiding in the solution of the technical problem.

The Chairman who presided the Oral Hearing said that the Opposition division has decided to reject the opposition and to maintain the patent as granted

Take-a-ways from the Author:

The case that was related in this blog reminds us simple things but very clearly.  First of all, it is not the number of prior arts cited but the mapping of each claim elements along with its function is required.  It also reminds us that the innovative elements along with its function should be explicitly described and claimed in any patent application.  Further, in the mechanical invention, keeping the Prior art combinations to a minimum level and citing a prior art that maps the patent in question, by virtue of its function will be greatly rewarded.

REF: Europe Patent Office.

Author – Veera Raghavan Rajendran,

Patent Specialist, IIPRD.

The Author of the Blog can be reached: Raghavan@iiprd.com.

Leave a Reply

Categories

Archives

  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010