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6 Nov 2011, 5:01 pm by Oliver G. Randl
As a matter of fact, A 84 (EPC 1973) together with R 29 (EPC 1973) requires a claim to give all the essential features that are necessary for defining the invention.This requirements has also been affirmed in decision G 1/07 [4.2.2; 3.3.1 – should read 4.3.1]. [read post]
22 Jun 2011, 3:01 pm by Oliver G. Randl
Not following T 410/96 does therefore not constitute a substantial procedural violation within the meaning of R 67 and reimbursement of the appeal fee is not justified.Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
10 Jan 2010, 3:02 pm by Armand Grinstajn
The decision T 587/98, therefore, is not considered to be particularly relevant to the present case. [read post]
6 Sep 2011, 5:01 pm by Oliver G. Randl
This is something which relates to “the extent to which [the decision] is to be amended”, and which is therefore a matter for the statement of grounds of appeal under R 99(2). [read post]
26 Mar 2012, 5:01 pm by Oliver G. Randl
Since the last set of claims still contained unsearched subject-matter, this set of claims had been considered as inadmissible on the basis of R 46(1) and R 112 EPC 1973 in conjunction with opinion G 2/92. [read post]
31 Jul 2012, 11:19 am by Buce
 They knew that he was a President who thought World War II was a movie, but that was okay with them--they knew he let them share in the movie with them, and that was all that mattered. [read post]
5 Feb 2012, 5:01 pm by Oliver G. Randl
These rules are enacted pursuant to the EPC (see A 23(4) and R 12(3)) and are binding on the BoA (Article 23 RPBA). [5] The basic principle relating to the conduct of appeal proceedings is to be found in Article 12(1) RPBA, which states that: “(1) Appeal proceedings shall be based on (a) the notice of appeal and statement of grounds of appeal, (b) any written reply of any other party and (c) any communication sent by the BoA and any answer thereto filed pursuant to directions of the… [read post]
8 Feb 2012, 5:01 pm by Oliver G. Randl
Such a retroactive identification may also obviate the need for a formal authorisation (see also T 850/96 [3.3]). [read post]
1 Aug 2012, 5:01 pm by oliver
As a matter of fact, the existing interests (Interessenlage) are the same. [read post]
14 Feb 2012, 7:40 pm by Glenn Reynolds
ALAN DERSHOWITZ: I Won’t Vote For Obama If Associated With ‘Stalinist Bigots’ Media Matters. [read post]
3 Feb 2011, 3:01 pm by Oliver G. Randl
This means that, contrary to the suggestion of the [patent proprietors], the board’s decision concerning A 123(2) is not res judicata and was open to challenge, for example by an opponent citing A 100(c) in the notice of opposition; this would be comparable to the situations arising in T 1099/06 and T 167/93. [read post]
15 May 2018, 7:25 am by Guido Paola
A claim can cover much more than what it discloses, thus also embodiments which are not originally disclosed, but this is irrelevant for the evaluation of added subject matter. [read post]
15 May 2018, 7:25 am by Guido Paola
A claim can cover much more than what it discloses, thus also embodiments which are not originally disclosed, but this is irrelevant for the evaluation of added subject matter. [read post]
15 Dec 2010, 3:01 pm by Oliver G. Randl
Thus, the second requirement for allowing a correction in the sense of R 139 is also fulfilled in the present case. [2.1.5] Accordingly, the amendment to formula (I) is allowable under R 139 and does not introduce subject-matter that extends beyond the content of the application as originally filed. [read post]
28 Apr 2014, 11:03 am by David Fraser
Just posted to the Canadian Cloud Law Blog: Canadian Cloud Law Blog: Data location doesn't matter: US Federal Judge: In a decision that should not come as a big surprise, a US Federal Court judge has determined that the location of data under Microsoft's custody is not relevant. [read post]
8 May 2011, 3:01 pm by Oliver G. Randl
The essence of the objection was that the subject-matter of those claims was not “a plurality of interrelated products”, nor did it correspond to “alternative solutions to a particular problem”. [read post]
6 Aug 2012, 5:58 pm by Glenn Reynolds
NO MATTER WHERE YOU GO, YOU CAN’T ESCAPE THE PAPARAZZI THESE DAYS: NASA’s Curiosity Rover Caught in the Act Landing. [read post]