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15 Jul 2013, 5:01 pm
When a claim relating to an electronic gaming apparatus defines as an integer a game rule which provides a further technical effect (which may be known) in the sense of decision T 1173/97, which technical effect is an inherent result of implementing the rule in the apparatus, should that integer be taken into account in assessing inventive step? [read post]
11 Jul 2013, 6:19 pm
My article, "The Cooperative as a Proletarian Corporation: The Global Dimensions of Property Rights and the Organization of Economic Activity in Cuba" has just been published and will appear in Northwestern Journal of International Law and Business 33:527-618 (2013). [read post]
5 Jul 2013, 4:49 pm
Proc. 97–22 (downloads as a pdf). [read post]
4 Jul 2013, 7:23 am
An Introduction to Listeria Listeria (pronounced liss-STEER-ē-uh) is a gram-positive rod-shaped bacterium that can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions. [4, 18] Of the six species of Listeria, only L. monocytogenes (pronounced maw-NO-site-aw-JUH-neez) causes disease in humans. [18] These bacteria multiply best at 86-98.6 degrees F (30-37 degrees C), but also multiply better than all other bacteria at refrigerator temperatures, something that allows… [read post]
3 Jul 2013, 5:01 pm
An opposition may be filed by a “straw man”, that is to say a party acting on behalf of another person: G 3/97 and G 4/97. [3] The term “person” in A 99(1) may refer either to a natural person or to an artificial legal person such as a limited company. [read post]
19 Jun 2013, 3:00 am
7, 8, 43, 93, 97, 99, 150, 190(1); Pesticides Act, R.S.O. 1990, c. [read post]
5 Jun 2013, 5:01 pm
T 220/83 [4] and T 177/97 [1]; affirmed by numerous decisions, and in particular recently by T 573/09 [1.1]).Whether the requirements of A 108, third sentence, in conjunction with R 99(2) are met has to be decided on the basis of the statement of grounds of appeal and of the reasons given in the contested decision (see, e.g., J 22/86 [2]; T 162/97 [1.1.2]).Exceptionally, it has been acknowledged that “the requirement for admissibility [laid down in A 108, third sentence, EPC… [read post]
3 Jun 2013, 6:00 pm
Cir. 2013) Download 12-1428.Opinion.5-16-2013.1Panel: Newman (dissenting), Bryson (author), O'Malley Although decided under the "old" version of 35 U.S.C. 102, Dey v. [read post]
3 Jun 2013, 12:09 pm
Bowman, Jr., Patent and Antitrust Law: A Legal and Economic Appraisal 1-14 (1973).Louis Kaplow, The Patent-Antitrust Intersection: A Reappraisal, 97 Harv. [read post]
12 May 2013, 5:01 pm
In the present decision Board 3.3.04 had to decide on an application in the field of homeopathic drugs. [read post]
8 May 2013, 5:01 pm
Decision T 923/95, though preceding the decision G 2/97 of the EBA, is not mentioned speci [read post]
19 Apr 2013, 7:37 am
Proc. 97–22 (downloads as a pdf). [read post]
14 Apr 2013, 5:01 pm
As long as the transfer has not been established, the former party remains entitled and bound, because the change of the party status only occurs when it is asserted and established (T 870/92 [3.1]; T 1137/97 [4]; T 413/02 [3]; T 593/04 [1.1]; T 229/03 [3]; T 163/05 [1.5]; T 85/03 [1]; T 6/05 [1.6.1-4]; T 1421/05 [3.3]). [read post]
8 Apr 2013, 5:01 pm
Consequently, before it can be asserted that a use is part of the state of the art, the Board has to ascertain that the evidence on file allows to establish with a degree of certainty that is close to absolute conviction – or, in other words, beyond all reasonable doubt – that this prior use has indeed occurred before the priority date of the impugned patent (T 97/94 [5.1]).[5.2] The alleged prior use consists in the marketing of the “Weinlaub 6-89” product before… [read post]
4 Apr 2013, 5:01 pm
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
27 Mar 2013, 6:01 pm
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
18 Mar 2013, 6:01 pm
T 1067/97, which had been cited by the opponent.However, the Board is of the opinion that this question is irrelevant in the present context. [read post]
17 Mar 2013, 6:01 pm
Therefore, the communication of the ED is to be considered to be separately appealable.[2.3] As the appeal satisfies all the other requirements of A 106 to A 108 and R 97 and R 99, it is admissible.Allowability of the appeal[3.1] A 97(1) regulates the grant of a European patent as follows:“If the ED is of the opinion that the EP application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant a EP […]. [read post]
9 Mar 2013, 11:01 am
Case Law of the Boards of Appeal of the EPO, 6th edition, 2010, section III.A.2, and decisions T 1067/97, T 25/03, T 1408/04 cited therein. [read post]
6 Mar 2013, 8:07 pm
Our previous book, LinkedIn in One Hour for Lawyers is also available and also can be downloaded as an iBook. [read post]
