| 摘要 |
PATENT COOPERATION TREATY I p INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY (Chapter II of the Patent Cooperation Treaty) (PCT Article 36 and Rule 70) Applicant's or agent's file reference NO 7473 /WO FOR FURTHER ACTION See Form PCT/IPEA/416 International application No. International filing date (day/month/year) Priority date (day/month/year) PCT/EP2004/006672 21.06.2004 10.07.2003 International Patent Classification (IP) or national classification and IPC Applicant NESTEC S.A. 1. This report is the international preliminary examination report, established by this International Preliminary Examining Authority under Article 35 and transmitted to the applicant according to Article 36. 2. This REPORT consists of a total of 5 sheets, including this cover sheet. 3. This report is also accompanied by ANNEXES, comprising: a. E (sent to the applicant and to the International Bureau) a total of sheets, as follows: sheets of the description, claims and/or drawings which have been amended and are the basis for this report and/or sheets containing rectifications authorized by this Authority (see Rule 70.16 and Section 607 of the Administrative Instructions). sheets which supersede earlier sheets, but which this Authority considers contain an amendment that goes beyond the disclosure in the international application as filed, as indicated in item 4 of Box No. I and the Supplemental Box. b. r_1 (sent to the International Bureau only) a total of (indicate type and number of electronic carrier(s)) , containing a sequence listing and/or tables related thereto, in computer readable form only, as indicated in the Supplemental Box Relating to Sequence Listing (see Section 802 of the Administrative Instructions). 4. This report contains indications relating to the following items: Box No. I Basis of the report Box No. II Priority Box No. III Non-establishment of opinion with regard to novelty, inventive step and industrial applicability Box No. IV Lack of unity of invention Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement Box No. VI Certain documents cited Box No. VII Certain defects in the international application Box No. VIII Certain observations on the international application Date of submission of the demand Date of completion of this report Name and mailing address of the IPEA/EP Authorized officer Facsimile No. Telephone No. Form PCT/IPEA/409 (cover sheet) (January 2004) International application No. INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PC PCT/EP2004/006672 Box No. I Basis of the report 1. With regard to the language, this report is based on the international application in the language in which it was filed, unless otherwise indicated under this item. D This report is based on translations from the original language into the following language which is the language of a translation furnished for the purposes of: international search (Rule 12.3 and 23.1(b)) publication of the international application (Rule 12.4) international preliminary examination (Rule 55.2 and/or 55.3) 2. With regard to the elements of the international application, this report is based on (replacement sheets which have been furnished to the receiving Office in response to an invitation under Article 14 are referred to in this report as "originally filed" and are not annexed to this report): the international application as originally filed/furnished the description: pages 1-14 as originally filed/furnished pages* received by this Authority on pages* received by this Authority on the claims: nos. 1-15 as originally filed/furnished nos.* as amended (together with any statement) under Article 19 nos.* received by this Authority on nos.* received by this Authority on the drawings: sheets 1/12-12/12 as originally filed/furnished sheets* received by this Authority on sheets* received by this Authority on a sequence listing and/or any related tables) - see Supplemental Box Relating to Sequence Listing. 3. The amendments have resulted in the cancellation of: the description, pages the claims, nos. the drawings, sheets/figs the sequence listing (specify): D any tables) related to sequence listing (specify): 4. This report has been established as if (some of) the amendments annexed to this report and listed below had not been made, since they have been considered to go beyond the disclosure as filed, as indicated in the Supplemental Box (Rule 70.2(c)). the description, pages the claims, nos. the drawings, sheets/figs the sequence listing (specify): any tables) related to sequence listing (specify): * If item 4 applies, some or all of those sheets may be marked "superseded." Form PCT/IPEA/409 (Box No. I) (January 2004) International application No. INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PC T / E P2004 /006672 Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement 1. Statement Novelty (N) Claims 4-5, 8, 9, 12 YES Claims 1-3, 6-7, 10, 11, 13, 14, 15 NO Inventive step (IS) Claims 4 -5 , 8 YES Claims 1-3, 6-7, 9, 10, 11, 12, 13, 14, 15 NO Industrial applicability (IA) Claims 1 -15 YES Claims NO 2. Citations and explanations (Rule 70.7) 1. Reference is made to the following documents: Dl: US-A-5 776 527 (BLANC JEAN PIERRE) 7 July 1998 (1998-07-07) D2: EP-A-1 219 217 (SGL ITALIA S R L) 3 July 2002 (2002-07-03) D3: US-A-5 755 149 (BLANC JEAN PIERRE ET AL) 26 May 1998 (1998-05-26). 2. The present application fails to satisfy the requirements of PCT Article 33(1) because the subject matter of claim 1 lacks novelty (PCT Article 33 (2)). 2.1 Document Dl describes (the references in parentheses are to said document) a device for the extraction of a capsule, said device comprising: - a first part (7), - a second part (10, 11), which can be moved relative to the first part, - a cavity (18) for the capsule and, when the movable part is in the closed position Form PCT/IPEA/409 (Box No. V) (January 2004) International application No. INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PC T / E P2004 /006672 Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement against the stationary part, defining a position for extracting the capsule along an axis within said housing (column 4, lines 38-45), - an inserting and positioning part (9, 12) with means for guiding the capsule, said means being arranged in such a way that the capsule is inserted by means of gravity and positioned in an intermediate position (figure 4), and - a system (F8) for delivering the beverage, - the second, movable part being designed for transferring the capsule from the intermediate position into the position for extraction (figures 5 and 6) when the device is closed. 2.2 Documents D2 and D3 likewise describe all the features of claim 1. 3. None of the features of dependent claims 2-3, 6-7 and 9-15, interpreted as being directly dependent on claim 1, defines subject matter that meets the requirements of the PCT in respect of novelty or inventive step (see documents D1-D3 and the corresponding passages cited in the search report). 4. The combined features of claim 4 and claims 5 and 8, which claims are dependent on claim 4, meet Form PCT/IPEA/409 (Box No. V) (January 2004) International application No. INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY PC PCT/EP2004/006672 Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial applicability; citations and explanations supporting such statement the requirements of the PCT with regard to novelty and inventive step since none of the documents cited in the search report discloses or suggests such a combination of features. Form PCT/IPEA/409 (Box No. V) (January 2004) |
