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Reports of Patent, Design and Trade Mark Cases 2006 123(19):657-663; doi:10.1093/rpc/2006rpc27
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© Crown Copyright

[2006] R.P.C. 27

HOWMET RESEARCH CORP'S APPLICATION

Patents Court

(Pumfrey J.): February 8, April 6, 20061

[2006] EWHC 725 (Pat); [2006] R.P.C. 27

Patent—Patent application—Divisional application—Parent application granted before divisional filed—Patent Office's failure to send warning letter to applicant—Whether applicant would have acted if warning letter had been sent—Appeal allowed against Comptroller's refusal of discretion to rectify position.

Practice—Discretion—Appeal against refusal of tribunal below to exercise discretion—Whether discretion could be exercised afresh.

Key Words: Applications • Comptroller of Patents Designs and Trade Marks • Discretion • Patent grant • Rescission

1 Paragraph numbers in this judgment are as assigned by the court.


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