ANSWER GUIDELINES TO QE 2008 PAPER A
The challenge for this year’s paper A is for candidates to appreciate that the client’s product
is no longer new and the Examiners are looking for claims to the method and apparatus for
producing the laminated product. A further challenge is for candidates to come up with
method and apparatus claims that have unity and which may not be “consistent” with each
other in order to “secure the broadest protection” for the client.
At the end of the day, the inventive idea that the client is seeking to protect is simply: to
impregnate the paint with adhesive when the paint is in liquid form – lines 43-45 of page 2 of
Document A. The candidates are expected to draft method and apparatus claims to capture
this idea.
1
Main process claim
A possible main claim might read:
1. A method of making a laminated product, comprising the steps of:
i)
forming a layer of liquid paint;
ii)
contacting the layer of liquid paint with a layer of liquid adhesive to
enable the liquid paint layer to be at least partially impregnated with
the layer of adhesive material; and
iii)
bonding both layers by allowing both layers to dry.
Comments:
In the Examiners’ view, “allowing both layers to dry” covers both “passive” and
“active” drying. However, if a candidate uses wording that covers one but not
the other, then this should be considered as a severed restriction – 10 marks
should be deducted.
Including the transfer medium would not unduly limit the scope of the claim and
thus, having this should not result in the candidate losing any mark – but
transfer paper would be too narrow and would be considered a minor
restriction.
The Examiners are also fine if the liquid paint is broadened to “coating liquid”
for example as long as paint finds its way into the dependent claims and the
candidate thinks of what else can be a coating liquid – ink? Further, method of
making a laminated iron-on product or heat transfer product is also fine.
If the claim reads onto prior art, 15 marks should be deducted.
2
Sub-claims
The preferred features to cover might be:
2) creating a curtain of linear flowing liquid paint,
The Examination Secretariat
Paper A: Page 1 of 4
3) dependent from (2), conveying the adhesive layer through the curtain to
bring the liquid paint layer into contact with the adhesive layer to enable the
liquid layer to be at least partially impregnated with the adhesive layer.
4) dependent on (3), conveying a transfer medium and applying the layer of
adhesive material to the transfer medium prior to conveying the adhesive layer
through the curtain.
5) dependent on (4), pressure rolling the transfer medium to flatten/smoothen
the medium
6) roller coating the liquid paint to the adhesive layer
7) step (iii) includes subjecting both layers to pressured air to dry both layers.
8) applying a protective layer to the paint layer
3
9) dependent from any preceding claim, coating the layer of liquid paint to the
adhesive layer at a coating speed of 60 to 130 m/min
Main apparatus claim
A possible apparatus main claim might read:
1. Apparatus for making a laminated product, comprising:
(i) an applicator arranged to form a layer of liquid paint;
(ii) an adhesive dispenser arranged to form a layer of liquid adhesive,
(iii) movement means arranged to bring the adhesive layer and the liquid paint
layer into contact with each other to enable the liquid paint layer to be at least
partially impregnated with the adhesive layer and for both layers to be bonded.
Comments:
As mentioned earlier, the dryer is not essential in the case of “natural drying”
and thus, the main apparatus claim should not have a dryer. Otherwise, this
should be considered a severe restriction.
In practice, this is not uncommon and this is another challenge for the
candidates. Both main claims will still have unity since the special technical
feature linking both claims is the liquid paint impregnated with the adhesive
layer. If the main claims do not have unity, the Examiners would consider this a
severe restriction and 10 marks should be deducted.
The applicator is a generalisation of the curtain coater and roll coater and if a
candidate uses wording that does not cover one of these, this should be
considered a severe restriction.
If a candidate takes the easy route:
The Examination Secretariat
Paper A: Page 2 of 4
Apparatus arranged to performed the method of any preceding claim; or
A method performed by the apparatus according to any preceding
claim…unfortunately, wouldn’t do justice to the client’s instruction “broadest
possible protection”. Thus, the marks associated to the missing features will
not be awarded.
The examiners will also not fault any candidate that uses the word “System”
instead of “Apparatus” as long as the claim is clear that it relates to an
apparatus.
15 marks should be deducted if the claim reads onto the prior art.
4
Sub-Claims
A possible set of sub-claims might be:
(2) Dependent on (1), wherein the applicator includes a reservoir for holding
liquid paint, the reservoir including a dispensing channel for generating a
curtain of linear flowing liquid to enable the layer of liquid paint to be formed.
(3) dependent on (2), wherein the dispensing channel is arranged 15cm above
the movement means.
(4) Depending on (2) or (3), wherein the movement means is arranged to
convey the adhesive layer through the curtain to enable the liquid paint layer to
be formed on the adhesive layer.
(5) Depending on any preceding claim, wherein the movement means is
arranged to convey a transfer medium pass the adhesive dispenser to enable
the adhesive layer to be formed on the transfer medium.
(6) dependent on (5), wherein the adhesive dispenser includes a slot die.
(7) Depending on (5) or (6), further comprising a pressure roller arranged to
flatten/smoothen the transfer medium.
(8) further comprising a drying unit arranged to generate pressured air to dry
the liquid paint and adhesive layers for bonding both layers.
(9) further comprising a collection unit arranged to apply a protection layer to
the dried paint layer.
(10) Depending on (1), wherein the applicator includes a roller coater having a
pair of rollers cooperating to dispense a flow of liquid paint for forming the layer
of paint.
5
Remainder of the specification:
Introduction
– description of the prior art –
D/2003/123/A and without being obvious what the invention is
The Examination Secretariat
Paper A: Page 3 of 4
Summary of the Invention
- no marks should be awarded by simply regurgitating the claims or referring to
the claim numbers. Marks should be awarded for including statements of
advantage which accompanies the claimed features
Brief Description of the drawings
Detailed Description
- A good description of the structure of the apparatus followed by how the
apparatus works to make a laminated product is what the Examiners are
looking for.
Variations
- Marks will be awarded for the variations that the client wants (to support the
scope of the claims) – roller coating instead of curtain coating, including a
protective layer etc… The Examiners will reward candidates that think out of
the box – for example, saying that ink can also be used instead of paint and
broadening the main claims to “coating liquid”. Explaining that the pressure
roller is not necessary. Also, can other material be used for the transfer paper –
clear plastic?
The candidates are not expected to have product claims or claims directed at a
method of using the product since neither is new. If either type of claim is included,
no marks should be awarded but marks to be subtracted for each type of claim if it
reads onto prior art.
Further, product by process claims are not expected since, in view of the House of
Lords decision in Kirin-Amgen, such claims are not valid unless the product is new
(but then the claim should be directed to the product features, not process unless
there is no other way to define the product), which is not the case here. As a result,
no marks will be awarded for a product-by-process claim although no marks will be
subtracted since Kirin-Amgen has not been followed in Singapore yet.
The Examination Secretariat
Paper A: Page 4 of 4