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20 Mar 2013, 6:01 pm
Ranguis (chairman), G. [read post]
17 Oct 2008, 7:25 pm
In Matter of Vanessa Ann G.- L. v. [read post]
28 Aug 2013, 5:01 pm
In this respect, the present situation is different from that considered in the decisions T 245/87, T 329/94 and T 238/06, referred to by the appellant.Enteral feeding is used to provide nutrition to patients who cannot obtain nutrition by mouth or are unable to swallow safely. [read post]
12 Jul 2010, 3:01 pm
Other decisions[1.4] Reference was made on behalf of the [opponents] to decisions T 1443/05, T 118/99, T 136/01 and T 494/03. [read post]
19 May 2017, 7:10 am
After T 910/03 it languished but occasionally reappeared.The Board refrains from referring the matter to the EBoA as it considers such referral not to be decisive in the present case, since according to the Board a same conclusion would be reached using both the essentiality test and the gold standard (being that the removal violates Art. 76(1) EPC).Entscheidungsgründe(...)2. [read post]
19 Dec 2012, 5:01 pm
Thus the Board considers it to be necessary to examine whether the subject-matter of original claims 2 and 22 was indeed non unitary with the subject-matter of original claims 3, 20, 23, and 40, i.e. whether it was justified not to deal with the subject-matter of the latter in the international search report.[2.3.5] In the impugned decision the ED has endorsed the reasons for the finding of lack of unity provided by the ISA and referred [read post]
24 Feb 2017, 7:40 am
As pointed out in a more recent decision T 195/09 (unpublished), "In this respect decision T 108/91 has been clearly overruled by G 1/93" (see Reasons, point 2.1.5).In claim 5 of the patent as granted, the artifact detection is based on the variation in the average deviation Daverage. [read post]
26 Jan 2012, 5:01 pm
As a matter of fact, the reference in R 50(3), in relation to the case of a missing signature, to “the party concerned” indicates that the rule addresses the filing of documents by parties to the procedure, which a person who files third party observations clearly is not, as is expressly stated in A 115 (see the last sentence).The board is aware of decision T 146/07 [3-6], dated the day before the date of the present decision and made public later, in which the deciding… [read post]
15 Feb 2018, 3:22 am
T 2526/11, Reasons, point 2.2).4. [read post]
15 Feb 2018, 3:22 am
T 2526/11, Reasons, point 2.2).4. [read post]
29 Mar 2011, 3:01 pm
According to the established case law of the Boards of appeal a claim falls under the exclusion from patentability pursuant to A 53 c) even if part of the claimed subject-matter is a method for treatment of the human or animal body by therapy (G 1/04 [6.2.1], confirmed by G 1/07 [3.2] and G 1/08 (sic) [5.6]). [read post]
30 Jan 2012, 5:01 pm
The Board found the new main request not to be a case of double patenting:[3.1] Prohibition of double patenting the subject-matter of the same claims as those of the parent patent was the sole ground for refusing the present application […]. [3.2] In its decisions in cases G 1/05 and G 1/06 handed down on 28 June 2007 the Enlarged Board of Appeal (EBA) held obiter (see point [13.4] of the identical Reasons): “The Board accepts that the principle of… [read post]
12 May 2010, 3:01 pm
A 113) or implicitly (e.g. liberty, equality) (see for example G 3/98 [2.5.3]; G 2/02 and G 3/02 [7.2]; T 377/95 [33-36]; T 1193/02 [10]; T 190/03 [10]).The European Patent Organisation is an international, intergovernmental organisation, modelled on a modern state order and based on the separation of powers principle, which the sovereign contracting states have entrusted with the exercise of some of their national powers in the field of… [read post]
27 Aug 2007, 6:03 am
Perhaps that is what will happen, but it doesn't matter. [read post]
21 Jan 2011, 6:13 am
The Congress will not permit any bailouts, no matter how loud the groaning and weeping, and voters won't approve tax hikes anywhere given the massive amount of... [read post]
30 Jul 2011, 5:01 pm
Now that Republican senators have told Harry Reid that they won't be rolled no matter how often he, Dick Durbin and Chuck Schumer repeat the same tired cliches to the MSNBC faithful, perhaps the Democrats will actually... [read post]
6 Oct 2011, 9:49 am
That's what the president declared this morning.Of course it is a game, one designed by the president, and of course the president can deny this reality again and again, but it won't matter. [read post]
22 May 2018, 4:27 am
In this regard, the Board considered that particularly the Examples, disclosing compounds fulfilling both inequalities, would make it clear that in fact an inclusive "or" is implied by the claims, meaning that at least one of the inequalities should be met.The Board further found that, citing G 1/92, fractionation - as performed by the Appellant - of a commercially available product in order to arrive at a fraction having properties falling within the scope of the claims, amounts… [read post]
3 Jan 2020, 7:22 am
Concerning the issues at hand, the Enlarged Board of Appeal has already clearly defined the general principles which govern the requirements of Article 123(2) EPC inter alia in G 2/98 and G 2/10, i.e. that the skilled person must be able to derive the [read post]
9 Sep 2010, 3:02 pm
T 381/02 [2.3; 2.3.7, 2.3.8], as well as the other decisions cited therein. [read post]