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16 Apr 2013, 7:20 am by Lorraine Fleck
Robert Morgenthau 93 & still crusading for justice | Even at 93, He Finds a Case Too Important to Pass Up http://ow.ly/iXEgW  Possible Canadian artists resale royalty? [read post]
11 Apr 2013, 5:01 pm by oliver randl
The application underlying the patent in suit was filed as a divisional application of an earlier European application which was based on the international application published as WO 93/10765 (parent application P4). [read post]
10 Apr 2013, 5:01 pm by oliver randl
Can a loss of priority lead to a violation of A 123(2)? [read post]
30 Mar 2013, 12:01 pm by oliver randl
Is the drastic consequence of G 1/93 (the so-called A 123(2)/123(3) trap) still valid, although no contracting state of the EPC and no [read post]
27 Mar 2013, 6:01 pm by oliver randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
21 Mar 2013, 6:01 pm by oliver randl
However, the fact that the representative did not make any mistake does not protect his client from the consequences of its own errors or negligence (J 3/93; T 381/93; J 16/93; J 17/03).The argument that the applicant could not have known which time limits [, if not met,] would result in the irrevocable loss of the application is not sufficient for establishing that all due care had been taken. [read post]
19 Mar 2013, 6:01 pm by oliver randl
It also decided that for the publication of the European patent application according to Article 93 EPC, the documents as originally filed would be used together with Figures 2, 3 and 4 filed on June 29 and August 5,2010. [read post]
17 Mar 2013, 6:01 pm by oliver randl
G 7/93 [2.5-6]).[2.2.2] The impugned communication of the ED, which is to be qualified as a decision, does not terminate the examination proceedings with respect to the appellant. [read post]
11 Mar 2013, 6:50 am by Kelly Phillips Erb
You can find this information buried on page 93 of the instructions for the federal form 1040 (downloads as a pdf): 3. [read post]
9 Mar 2013, 11:01 am by oliver randl
This applies not only to features isolated from a given context in the description but also when taken from figures, see T 191/93. [2.4.2] Applying this approach to the present case the Board finds that in figure 2 the fact that the three teeth are adjacent is clearly functionally important in that it allows the pots to be picked up between them. [read post]
19 Feb 2013, 5:01 pm by oliver randl
In the present case the patent proprietor filed a request for re-establishment into the time limit for filing a notice of appeal.The factual situation was as follows (sorry for the length, but I find the modus operandi interesting):Mr Adrian F. had worked for 26 years in the law firm representing the appellant but had retired from the partnership on June 30, 2011. [read post]
18 Feb 2013, 4:37 am by Susan Brenner
Daigle, 93 So.3d 657 (Louisiana Court of Appeals – 3d Circuit 2012). [read post]
17 Feb 2013, 5:01 pm by oliver randl
The board also comes to the conclusion that the subject-matter of claim 1 cannot claim priority from the US application No. 835,799, but by a line of reasoning which differs from that of the OD. [7] A 87(1), inter alia, stipulates that the right to priority for the purpose of filing a European patent application can only be enjoyed insofar as the earlier application and the later European application disclose the “same invention”. [8] In its decision G 2/93 [5] and particularly… [read post]
14 Feb 2013, 5:01 pm by oliver randl
The present appeal concerns a decision of the Receiving Section (RS) of the EPO, dispatched on 22 December 2010, refusing the applicant’s requests that the invitation to remedy deficiencies pursuant to R 30(3) be withdrawn and the late furnishing fee refunded. [read post]
7 Feb 2013, 5:01 pm by oliver randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
6 Feb 2013, 5:01 pm by oliver randl
For this reason the OD was wrong to hold that the PRP applied only to requests on whose allowability a decision had been taken by the Board of Appeal […]. [2.3.2] The reasoning of G 4/93 also does not imply that, as the opponent argued […], the PRP prevails only on condition that the factual situation at the time of the first instance decision is the same as on appeal by the opponent. [read post]
26 Jan 2013, 11:01 am by oliver randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
21 Jan 2013, 5:01 pm by oliver randl
The present claim is comparable to the device claims of the auxiliary request in decision T 775/97 [3.1] which were found not to fall under the exclusion clause of A 52(4) EPC 1973.The reasoning of T 82/93 [1.5-5] is not applicable to the present situation either. [read post]
10 Jan 2013, 5:01 pm by oliver randl
The question addressed by the board is that of the admissibility of late filed requests, and in this respect, decision G 1/93 is silent. [read post]