BL number

Concerning rights in

Hearing Officer
Mrs C L Davies

Decision date
14 December 2020

Person(s) or Company(s) involved
Oxford Instruments Industrial Products Limited

Provisions discussed
PA 1977 Section 1(1)(b)

Inventive step

Related Decisions


The invention is concerned with analysing an animal tissue sample in order to establish its provenance, specifically identifying the animal source. This is done using a nuclear magnetic resonance (NMR) spectrometer having a permanent magnet with a magnetic field strength at a sample holder of the spectrometer between 1.0 and 2.5 Tesla (low-field NMR spectrometer), and subsequently analysing the triglyceride signature NMR spectrum from the tissue sample.

Following the Windsurfing/Pozzoli approach, the Hearing Officer found that the claims 1-20 lacked an inventive step over the prior art.

The Hearing Officer considered to an auxiliary claim set submitted by the applicant and remitted the application back to the examiner to complete the examination process
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