-
-
Services
-
-
22
2026-03
One Case a Day | China: The Extent of Disclosure in Prior Art - Invalidation Decision No. 25962 (2015)
Case Introduction
This case focuses on the interpretation of implicitly disclosed content in prior art during the evaluation of inventiveness. The China National Intellectual Property Administration (CNIPA) holds that the understanding of prior art should not only grasp the literal meaning of the text but also comprehend the technical information conveyed behind it. The interpretation of the technical content disclosed in prior art should strive for accuracy, avoiding overly superficial or excessive interpretation.
In this case, Evidence 6 disclosed that aluminum foil can be used for fire prevention, but it was necessary to further determine the applicable fire resistance temperature. Considering the low melting point of aluminum metal and the fire resistance temperatures disclosed in the examples of Evidence 6, which were lower than the applicable range of this patent, the content disclosed in Evidence 6 should not be overinterpreted to imply that aluminum foil can be used in high-temperature fire resistance scenarios.
Case Information
- Application Number: 00107201.3
- Invention Title: Fire-Resistant Fiber Composite Curtain for Fireproof and Heat-Insulating Roller Shutters and Its Application
- Filing Date: April 28, 2000
- Invalidation Decision Number: No. 25962
- Case Number: 4W103106
- Decision Date: May 15, 2015
Key Points of the Case
Claim 1, as the basis for examination, protects a fire-resistant fiber composite curtain surface for fireproof and heat-insulating roller shutters, which includes fire-resistant fiber cloth on both sides and a metal aluminum foil layer in between.
According to the description, the fire-resistant fiber composite curtain surface obtained in this patent can achieve a maximum fire resistance temperature of 1350°C, a normal use temperature of 1200°C, and withstand fire for 4 hours.
The invalidation requester cited Attachment 3 (CN2243915Y) as the closest prior art, which disclosed that the outer layer of the curtain can be high-temperature-resistant glass fiber cloth, and the middle can be filled with asbestos cloth. One of the distinguishing technical features is the metal aluminum foil layer in the middle.
The technical solution of Claim 1 of this patent, compared to Attachment 3, actually solves the technical problem of providing a fire-resistant fiber composite curtain surface with good heat radiation resistance and high-temperature strength, capable of achieving a fire resistance temperature of 1200°C or higher and a fire resistance limit time of 4 hours.
Attachment 6 is a teaching reference book in the field of aluminum foil insulation materials, which records that aluminum foil can be combined with other materials to form composite insulation materials. Additionally, there is no dispute between the parties regarding the melting point of aluminum being 660.37°C and aluminum foil being a commonly used material for preventing radiant heat.
Controversial Focus
Whether Attachment 6 discloses that aluminum foil can be used in scenarios with a temperature of 1200°C and exposure to fire for 4 hours.
Views of the Parties
The requester argued: Attachment 6, as common general knowledge, actually discloses that aluminum foil can be used for heat insulation in fireproof and heat-insulating curtain cloth and can be placed on the inner surface or inside the curtain to achieve its heat insulation effect. A person skilled in the art, based on Attachment 6, would be motivated to use aluminum foil in fireproof and heat-insulating roller shutters and would be taught that aluminum foil can be placed inside the curtain. (Author's note: The requester believes that a person skilled in the art would be motivated to create such a technical solution and naturally achieve the corresponding technical effects.)
The patentee argued: Multiple records in Attachment 6 indicate that the fire resistance time of aluminum foil is less than 10 minutes, and the fire resistance temperature does not exceed 800°C. Therefore, Attachment 6 only teaches that aluminum foil can be used as an insulation material, with a use temperature that cannot be too high and a short fire resistance time.
The Collegial Panel Pointed Out:
Attachment 6 does not record the application of aluminum foil in fireproof and heat-insulating roller shutter doors. Moreover, Attachment 6 does not teach that after combining with other materials to form a composite insulation material, the composite insulation material can achieve a fire resistance temperature of 1200°C or higher and a fire resistance limit time of 4 hours. Therefore, based on Attachment 6, a person skilled in the art cannot determine the temperature resistance or fire resistance limit time of the relevant composite material to be protected. Especially since the melting point of aluminum foil itself is only 660°C, without further evidence, it is not easy to assume that combining aluminum foil with the materials in Attachment 3 would necessarily solve the technical problem of achieving a fire resistance temperature of 1200°C or higher and a fire resistance limit time of 4 hours.
Previous page
undefined
Contact Us
No. 93, Ganjiang West Rd., Suzhou, 215002, P.R.C.
Business Area
Follow Us
