The skilled person
The skilled person
It was agreed that the skilled person is a urologist who would be familiar with the use of a ureteroscope, a specialist endoscope used in the ureter for finding and removing kidney stones. The ureter is the tube that carries urine from the kidney to the bladder.
CJ Medical made the point that the invention as claimed has a purpose wider than just dealing with kidney stones and that the CGK of the skilled person should reflect that. I agree, but it did not seem to make a difference to the issues and arguments.
- Heading
- Judge Hacon
- The skilled person
- The expert witnesses
- Technical Background
- The Patent
- The claims
- Construction
- Claim 3 – a flexible, deflectable tip
- The prior art
- Soble and Russo
- The law on inventive step
- Inventive step over Soble
- Differences between claim 1 and Soble
- Sleeve v sheath
- No obturator in Soble
- A clamp in Soble instead of a flexible cap
- Conclusion on Soble and inventive step
- Wan
- Piercing stylus, obturator and trocar
- Inventive step of claim 1 over Wan
- Inventive step of claim 3 over Wan
- Added matter
- Method of treatment or diagnosis
- Infringement
- Normal construction
- Sizes 10-13 as equivalents
- Conclusions
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