REGISTER ENTRY FOR GB2422718
Form NP1 Application No GB0608130.1 filing date 22.10.2004
Lodged on 25.04.2006
Priorities claimed:
24.10.2003 in United States of America - doc: 60513582
12.11.2003 in United States of America - doc: 60518626
23.02.2004 in United States of America - doc: 60546174
PCT NATIONAL PHASE
PCT Application PCT/US2004/003514 filed on 22.10.2004 in English
Publication No WO2005/041368 on 06.05.2005 in English
Title NOVEL MOLECULAR HYDROGEN GAS LASER
Applicant/Proprietor
BLACKLIGHT POWER INC, 493 Trenton Road, Cranbury, NJ 08512, United States
of America [ADP No. 09315235001]
Inventor
RANDELL L MILLS, 7 Weatherfield Drive, Newtown, PA 18940, United States of
America [ADP No. 09195611001]
Classified to
H1C
H01S
Address for Service
BAILEY WALSH & CO LLP, 5 York Place, LEEDS, LS1 2SD, United Kingdom
[ADP No. 00000224001]
Publication No GB2422718 dated 02.08.2006
Application/Patent Terminated before grant 25.04.2008
Examination requested 25.04.2006
________________________________________________________________________________
21.05.2008 In a decision of the comptroller dated 17 April 2008 relating to
patent application numbers GB0521120.6 and GB0608130.1, the
comptroller found that the inventions set out in the independent
claims are not capable of industrial application contrary to
section 1(1)(c) of the Act. Since the inventions also rely
fundamentally on the existence of a material not generally accepted
to exist in nature the comptroller considered it would not be
possible for the skilled person to perform them, contrary to
section 14(3). Both applications were refused under section 18(3).
30.05.2008 Notice of Appeal against the decision of the comptroller dated 17th
April 2008 lodged with the Patents Court on 15th April 2008 (Action
No. CH/2008/APP/0341)
23.04.2009 In an Order of the High Court dated 2 March 2009, the comptroller
was ordered to pay costs. The Court also ordered that the time
period under the 'Patents Rules 1995, r34' be extended until the
outcome of any further hearing in relation to the application. This
has the effect of extending the section 20 period.
27.07.2009 In a decision of the comptroller dated 19 June 2009 relating to
patent application numbers GB0521120.6 and GB0608130.1, in
accordance with paragraph 52 of the judgment of Mr Justice Floyd
(Blacklight Power Inc v The Comptroller-General of Patents [2008]
EWCH 2763 (Pat)), the comptroller concluded that a full
investigation would come to the conclusion that GUTCQM does not
have a reasonable prospect of turning out to be a valid theory.He
found that the applications do not comply with the requirements for
patentability in sections 1(1)(c) and 14(3) and refused the
applications under section 18(3)
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