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4 Jun 2018, 3:17 am by Roel van Woudenberg
(b) The appeal was admissible, essentially for the reasons set out in the provisional opinion of the Board. [read post]
10 Nov 2010, 3:01 pm by Oliver G. Randl
adjusting the dry matter content of the sol. [read post]
5 Jun 2012, 5:01 pm by Oliver
Nevertheless, [the opponent] is of the opinion that the remaining product claims are still directed to subject-matter excluded from patentability by A 53(b). [read post]
6 May 2009, 6:23 pm
This is true both in law schools and in B schools. [read post]
28 Nov 2012, 5:01 pm by oliver randl
(b) The mist generator comprises a mist channelling funnel (Nebelkanaltrichter), and the water level sensor is provided at the height of the bottom edge of the mist channelling funnel(c) The water reservoir comprises a water overflow pipe (Wasserüberlauf) at the height of the water level sensor.As the present main request corresponds to t [read post]
26 Sep 2013, 5:01 pm by oliver randl
It therefore provides the means to stop applicants, in reply to the first communication, dropping existing claims, replacing them by switching to unsearched and non-unitary subject-matter extracted from the description, i.e., claiming different subject-matter in sequence rather than simultaneously (T 274/03 [4], T 915/03 [3], T 1285/11 [2]). [read post]
30 Oct 2011, 6:01 pm by Oliver G. Randl
T 1685/07).Therefore, in the present circumstances of this case, the Board did not see any incentive not to admit this request when exercising its discretion pursuant to Article 13(1) RPBA. [read post]
11 Nov 2013, 5:01 pm by oliver randl
Therefore, G 5/83 ([…] and A 54(5) EPC 2000, which according to the EBA in G 2/08 [5.9 ff.] is considered to fill the lacuna in the EPC 1973 which had been filled in a praetorian way by the EBA with G 5/83 and the case law based on that decision) has consistently been interpreted by the boards as not providing for the patentability of uses in any of the methods recited in A 52(4) EPC 1973 (or A 53(c) EPC 2000) involving means that are a “device” (see for example T 1314/05… [read post]
23 Oct 2014, 9:43 pm
Though the emergency had been upheld by a panel of the court, I wasn’t sure if that was correct as a legal matter. [read post]
23 Nov 2011, 5:07 am by Jim Chen
An antitrust plaintiff that clears the Rule 12(b)(6) hurdle has shown antitrust injury and has satisfied both Twombly and Trinko. [read post]
3 Sep 2009, 4:35 pm by Tom Casagrande
Specifically, it might be useful to consider whether the complaint in this case could have been dismissed under rule 12(b)(6) if the plaintiff hadn’t attached copies of the offending ads and webpages. [read post]
28 Jun 2017, 10:01 am by MBettman
If the statute has certain factors in it, and it doesn’t have other factors in it, and the court considers extraneous matters, isn’t that subject to appellate review? [read post]
1 Aug 2011, 3:01 pm by Oliver G. Randl
”.No further passages of the description deal with the proportion of component (B). [read post]
6 Mar 2016, 2:07 pm by Kelly Phillips Erb
No matter how you plan to do your taxes this year, you likely don’t know what all of the numbers, letters and other information on those forms mean. [read post]
27 Jan 2017, 12:15 am by Jeroen Willekens
G 3/08, OJ EPO 2011, 10, reasons 12.2.2, T 1145/10 of 26 February 2016, reasons 5). [read post]
10 Oct 2014, 7:40 am by MBettman
Since it wasn’t, res judicata prevents the use of Civ.R.60(B) as a substitute to collaterally attack the judgment. [read post]