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29 Aug 2013, 5:01 pm by oliver randl
[1.1] Under the provisions of R 111(2), appealable decisions must be reasoned. [read post]
17 Jul 2010, 11:03 am by Oliver G. Randl
Those who have been following EPC case law for some time will remember decision T 1181/04 where an appeal filed against a communication under R 51(4) EPC 1973 succeeded. [read post]
21 Sep 2011, 5:01 pm by Oliver G. Randl
In summary, A 113(1) does not merely require a party to be given an opportunity to voice comments; more importantly, it requires the deciding instance to demonstrably hear and consider them (T 763/04 [4.4]; T 246/08 [2.6]). [read post]
8 Aug 2013, 5:01 pm by oliver randl
Therefore, the knowledge of the method and the conditions for determining the parameter is required for the parameter to be unambiguously defined (see T 412/02 [5.8-9]). [read post]
6 Jan 2011, 3:01 pm by Oliver G. Randl
Therefore, reimbursement under R 103(1)(b) (point (iii) above) is not an option either.When a situation does not correspond to R 103(1)(b), the (full or partial) reimbursement of the appeal fee cannot be triggered by a withdrawal of the appeal ( R 103(1)(b) e contrario; T 372/99, T 1142/04 ; T 1216/04).[7] Reimbursement of fees is also ordered when there has been a payment without legal justification (ohne Rechtsgrund), e.g. when a… [read post]
22 Oct 2011, 11:01 am by Oliver G. Randl
If the applicant maintains his request for amendment, the application has to be refused under A 97(2), since there is no text which has been approved by the applicant and allowed by the ED (see A 113(2), decisions T 647/93; T 946/96 and T 237/96). [read post]
12 Dec 2007, 10:00 am
  If you spend too much on sales today, you may not have enough in R&D and vice versa. [read post]
15 Sep 2011, 1:15 am by Juana Vasella
November 2001, mit der die Computer- und Internetkriminalität international bekämpft werden soll, tritt für die Schweiz am 1. [read post]
26 Dec 2012, 5:01 pm by oliver randl
As stated by the Enlarged Board of appeal (EBA) it belongs to the discretion of the Boards of appeal to decide which criteria are to have precedence according to the circumstances of the case (R 16/09 [2.2.11]). [read post]
3 Sep 2012, 5:01 pm by oliver
In cases falling within R 23d(d) EPC 1973, a further or additional objection under A 53(a) 1973 based on the balancing test developed in decision T 19/90 could be raised. [read post]
30 Oct 2017, 5:31 am by Nico Cordes
The claims presently on file differ from the claims not allowed in T 1676/11, for example, in that the claims refused under T 1676/11 included product claims whereas the requests presently on file contain only process claims, the subject-matter of said process claims differing substantially from the process claims decided upon in T 1676/11. [read post]
19 Jun 2011, 3:01 pm by Oliver G. Randl
See T 670/95 [2], T 413/02 [3]. [read post]
26 Jan 2012, 5:01 pm by Oliver G. Randl
R 50(3) and by analogy R 86, which establish the requirement that documents filed in the examining or opposition procedure be signed, do not in the board’s opinion directly apply to third party observations. [read post]