On May 17, 2017, with respect to an Invalidation Request filed by Total Research & Technology Feluy against invention patent No. 200980116333.8 of Versalis S.P.A, the Reexamination Board of SIPO issued an Examination Decision for Invalidation Request to declare all Claims of this patent invalid.
Verslis is the patentee of the invention patent 200980116333.8 under the title of “Compositions of expandable vinyl aromatic polymers with an improved thermal insulation capacity, process for their preparation and expanded articles obtained therefrom”. Total Research & Technology Feluy filed an Invalidation Request against this patent on October 20, 2017. On March 28, 2017, the Reexamination Board held an oral hearing for said Invalidation Request.
In this case, the main issue is focused on an inventive step of the disputed patent. In order to demonstrate that the patent has no inventive step, the petitioner firstly submitted many evidence to prove that the generalized scope of all claims of the patent is over broad and the claims are not supported by the description, thus, the disputed patent cannot achieve its alleged technical effect in the whole range of the claims. On this basis, the technical problem actually to be solved by the disputed patent is just to provide an alternative technical solution. However, the prior art has given a corresponding technical teaching. Therefore, the claims do not have an inventive step.
After examination, the Board supported the opinions of the petitioner. Therefore, the Board concluded that all Claims of this invention patent are not supported by the description and do not possess an inventive step. In addition, the Board also concluded that amendments to some claims go beyond the scope of the disclosure contained in the initial description and claims. Based on these reasons, the Board declared all claims of this patent invalid.
In this case, patent attorneys Ms. Li Song, Mr. Xiaofei Zhang, Mr. Nican Jin and Mr. Zhijun Ling from Liu, Shen & Associates represented the invalidation petitioner Total Research & Technology Feluy.