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14 Apr 2010, 5:44 am by Glenn Reynolds
(I think the last time there was any significant state militia activation was in World War II, in a few coastal states.) [read post]
11 Apr 2011, 3:01 pm by Oliver G. Randl
It is established Board of Appeal case law that further grounds which would lead to a refusal of a European patent application in the examination proceedings cannot be successfully presented in opposition proceedings (see for example G 1/91; J 22/86 [18]; T 99/85 [4]; T 127/85; T 301/87 [3.3-4]; T 550/88 [4]; T 428/95 [4.2]). [read post]
5 Apr 2010, 3:02 pm by Oliver G. Randl
The letter of 23 October 2009 did not include a formal request to allow the accompanying person to make oral submissions and in any case the generally-worded statement of the respondent did not specify the subject-matter of the proposed oral submissions (G 4/95 [headnote points 2(b)(i) and (ii)]). [read post]
6 Feb 2012, 4:40 am by Sean Patrick Donlan
  The cooperation between the Minerva Center for Human Rights (Hebrew University Jerusalem), the Institute of International and European Law, Georg-August-Universität Göttingen and the Goettingen Journal of International Law (GoJIL) investigate the historical development and gradual crystallization of a "German" constitutional approach in both theoretical and practical aspects. [read post]
6 Dec 2019, 4:05 am by Roel van Woudenberg
The statement setting out the grounds of appeal was received on 20 March 2017.II. [read post]
19 Jun 2011, 3:01 pm by Oliver G. Randl
By this act the opponent becomes a party to the proceedings and thus becomes entitled to a bundle of procedural rights (G 3/97 [2.1]; G 4/88 [2], in particular the right to a legal remedy or remedies (T 724/05 [5]). [read post]
24 Sep 2013, 5:01 pm by oliver randl
This examination appeal deals with the correction of an error.Claim 1 before the Board of appeal read (in English translation):Objective lens having a housing (102; 202; 302; 402), an iris diaphragm (110; 210; 310; 410), and a plurality of lens groups (I, II, III, IV), wherein, for focusing said objective lens (100; 200; 300; 400) while minimizing a variation of an image angle, at least two lens groups (III/IV; II/III) are adapted to be moved relative to said housing (102; 202;… [read post]
14 Aug 2018, 2:28 am by Roel van Woudenberg
La GCR n’a pas répondu à la question, dansl’affaire G 2/14 car la demande de brevet avait été abandonnée, dansl’affaire G 1/14 car la saisine était irrecevable.2. [read post]
3 Jun 2013, 5:01 pm by oliver randl
These include the proper choice of the structurally closest comparative compound to be taken from the closest state of the art (T 181/82 [5]).As outlined above […], document D7 relates to the field of tractor fluids and specifically discloses corresponding functional fluids in Table II comprising a DMTD additive, namely, “DMTD/formaldehyde/heptyl phenol”. [read post]
19 Apr 2012, 5:01 pm by Oliver
According to the case law of the boards of appeal, information is “available to the public” if only a single member of the public is in a position to gain access to it and understand it, and if said member of the public is under no obligation to maintain secrecy (see T 1081/01 [5], affirmed by T 1309/07 [3.2.1]). [read post]
20 Jun 2011, 3:01 pm by Oliver G. Randl
Opponent II filed an appeal. [read post]
11 May 2011, 3:01 pm by Oliver G. Randl
Naturally, limits on the Board’s jurisdiction are set by the original extent of opposition and the grounds of opposition raised by the opponent(s) and/or the OD itself (G 9/91 and G 10/91). [read post]
19 Oct 2010, 3:01 pm by Oliver G. Randl
This principle was laid down in decision T 208/84 [16], re-affirmed in decision T 154/04 [8(G)] and recently confirmed in opinion G 3/08 [10.7.1, 10.13.2 (citing T 154/04), and 12.2.2]). [read post]
29 May 2012, 5:01 pm by Oliver
This passage describes the preparation of stanol fatty acid esters (as the texturizing agent) from (i) a fatty acid ester or a fatty acid ester mixture, (ii) a stanol and (iii) an interesterification catalyst. [read post]
22 Jun 2018, 6:58 am by Sander van Rijnswou
(ii) However, to make its reasoning on the basis of such a document in a non-official language comprehensible to those conducting a later judicial review (Rule 112(2) EPC: "Decisions ... which are open to appeal"; see T 1123/04, Reasons 3.3), the examining division must provide the translation used in the examination proceedings of at least the relevant sections of the document (or even of the whole document, if this is necessary for its overall understanding) into an… [read post]
14 Mar 2017, 7:00 am by Romano Beitsma
Le recours fait suite à la décision de la division d'examen de rejeter la demande de brevet européen EP 03 775 483.5 au motif que l'objet des revendications 1 de la requête principale et de la requête subsidiaire n'impliquait pas d'activité inventive au sens de l'article 56 CBE 1973.La décision de rejet a été notifiée à la demanderesse par courrier du 21 octobre 2010.II. [read post]
11 Aug 2011, 3:01 pm by Oliver G. Randl
As claim 1 of the main request no longer includes such a limitation, the board concludes that protection conferred by the patent has been extended, contrary to A 123(3).[2.11] In the impugned decision, the OD relied on decisions T 190/99 and T 749/03 as well as T 108/91 and T 438/98, all of which had been cited by the patent proprietor during opposition proceedings. [read post]