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27 Feb 2012, 5:01 pm by Oliver G. Randl
Where opposition proceedings are pending before the EPO, the opponent’s status may be transferred to a third party by universal succession or as part of the opponent’s business assets, together with the assets in the interests of which the opposition was filed (see G 4/88 and Case Law of the Boards of Appeal, 6th Edition 2010, VII.C.5.1.2). [read post]
26 Feb 2012, 5:01 pm by Oliver G. Randl
A correction pursuant to R 88 1973 should not have been made. [read post]
22 Feb 2012, 8:56 am
Hard Drive's work does not promote the useful arts. 88. [read post]
16 Feb 2012, 5:01 pm by Oliver G. Randl
Sometimes the Boards indicated that R 65(2) EPC 1973 was preferred to R 88 EPC 1973 as it was more specific (T 715/01 [9]); (b) decisions in which R 88 EPC 1973 was used as a legal basis for the corrections (T 814/98); (c) decisions in which correction was refused because the notice of appeal contained no remediable errors but rather a mistake of law. [read post]
12 Feb 2012, 5:01 pm by Oliver G. Randl
The headnote of this decision (and also point [13] of the reasons) reads as follows: “A request for retraction of a withdrawal of the designation of a Contracting State filed after publication of the patent application may be allowable under R 88 EPC [1973] in appropriate circumstances, in particular if (a) the public has not been officially notified of the withdrawal by the EPO at the time the retraction of the withdrawal is applied for; ... [read post]
2 Feb 2012, 5:01 pm by Oliver G. Randl
CA/PL PV 30 Nr. 88-93 und CA/PL PV 31, Nr. 21-23). [6] In the present case, on November 3, 2010, the RS requested the applicant to remedy deficiencies pursuant to R 30(3) by means of form 1128 […].[7] This communication pointing out deficiencies (Mängelbescheid) did not criticize the first deficiency mentioned above (see point [4]) consisting in the use of feature keys for the numeric identifier that were not foreseen [in WIPO-standard ST.25]. [read post]
24 Jan 2012, 5:01 pm by Oliver G. Randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here.NB: This appeal was won by fellow blogger Laurent Teyssèdre. [read post]
11 Jan 2012, 6:07 am by Eva Rosenberg
“My dad (age 88) is in a nursing home because my mom can no longer care for him. [read post]
1 Jan 2012, 5:01 pm by Oliver G. Randl
In this case the EPO had published the mention of the grant of the patent under consideration on November 22, 2006. [read post]
19 Dec 2011, 5:01 pm by Oliver G. Randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
17 Dec 2011, 11:01 am by Oliver G. Randl
Consequently, this decision concerns a different legal situation and is not applicable to the present case.The Board concludes that the wording “consisting essentially of” contained in claim 1 of auxiliary request 8 complies with the requirements of clarity of A 84 EPC 1973.Should you whish to download the whole decision, click here.The file wrapper can be found here. [read post]
8 Dec 2011, 5:01 pm by Oliver G. Randl
The present case differs from the case underlying decision T 371/88 because already the first condition is not met. [read post]
12 Nov 2011, 11:01 am by Oliver G. Randl
The Board then found the auxiliary request to be clear and remitted the case to the ED for further prosecution.Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]
5 Nov 2011, 12:01 pm by Oliver G. Randl
Such an interpretation would be arbitrary and would clearly be in conflict with A 87(3).The right of priority shall cover only those elements which were already included in the application whose priority is claimed (A 88(3)). [read post]
1 Nov 2011, 10:35 am by Kelly Phillips Erb
In the meantime, you can read more about the relief offered so far in IRS Notice 2011-88 and Notice 2011-89 (each will download as pdf) or check out the FAQ page on the IRS web site. [read post]
20 Oct 2011, 5:01 pm by Oliver G. Randl
Should you wish to download the whole decision, just click here.The file wrapper can be found here.NB: There will be more of this decision in the next post. [read post]
11 Oct 2011, 5:01 pm by Oliver G. Randl
[…] The appeal is inadmissible.Should you wish to download the whole decision (in French), just click here. [read post]