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29 Sep 2011, 5:07 am by Katherine Gundersen
One of the ICO's criteria for selecting bodies for monitoring is that "less than 85% of requests are receiving a response within the appropriate timescales".The statistics can be downloaded as a pdf, or in Excel or CSV format. [read post]
27 Sep 2011, 5:01 pm by Oliver G. Randl
T 653/91 [8] and T 1485/06 [2.8]). [read post]
15 Sep 2011, 5:01 pm by Oliver G. Randl
It follows from this finding and from what has been said under [2.1] above that a syntactical incorporation of a dependent claim into an independent claim cannot trigger an objection under A 84 EPC 1973.[2.3] This Board is well aware of the fact that the EBA, in its decision G 9/91 [19], has emphasized that in case of amendments of the claims or other parts of a patent in the course of opposition or appeal proceedings, A 102(3) EPC 1973 requires that such amendments are to be fully examined… [read post]
14 Sep 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]
11 Sep 2011, 5:01 pm by Oliver G. Randl
In this context, the Enlarged Board of Appeal (EBA) has explained in its established case law that the main purpose of inter partes appeal proceedings is to give the losing party the opportunity of contesting the decision of the OD (G 9/91 and G 10/91; G 1/94). [read post]
5 Sep 2011, 5:01 pm by Oliver G. Randl
To download the whole decision or have a look at the file wrapper, click here. [read post]
4 Sep 2011, 5:01 pm by Oliver G. Randl
In decisions T 94/91 and T 390/91 the TBA have tacitly assumed their competence without discussing the problem of competence. [read post]
26 Aug 2011, 10:30 pm by Lucas A. Ferrara, Esq.
Evacuation centers are open as of 4:00 pm today, Friday August 26; there are 91 centers in total. [read post]
24 Aug 2011, 8:35 am by White Collar Crime Prof Blogger
The National Association of Criminal Defense Lawyers (NACDL) filed an amicus brief in the Ian Norris case - Download Norris v United States (11-91) Brief of NACDL as Amicus Curiae in Support of Petitioner_FINAL It highlights some of the important... [read post]
23 Aug 2011, 3:01 pm by Oliver G. Randl
This decision deals with the admissibility of the appeal filed by the opponent following the rejection of its opposition by the Opposition Division (OD).The opponent (Dynamit Nobel Defence GmbH) was represented by professional representative (PR) Andreas S., member of the law firm (Vertretergemeinschaft) “Patente, Marken & Lizenzen”, which is closely associated with the Chemetall company, as its postal address suggests:Patente, Marken & Lizenzen c/o Chemetall GmbHTrakehner… [read post]
23 Aug 2011, 6:21 am by JA Hodnicki
Download Norris v United States (11-91) Brief of NACDL as Amicus Curiae in Support of Petitioner_FINAL It makes two broad points: a. [read post]
23 Aug 2011, 6:21 am by JA Hodnicki
Download Norris v United States (11-91) Brief of NACDL as Amicus Curiae in Support of Petitioner_FINAL It makes two broad points: a. [read post]
20 Aug 2011, 11:01 am by Oliver G. Randl
As the remittal is the consequence of a substantial procedural violation, the reimbursement of the appeal fee under R 103(1)(a) is equitable in the Board’s judgment.Should you wish to download the whole decision, click here.You can find the file wrapper here. [read post]
17 Aug 2011, 3:01 pm by Oliver G. Randl
See, for instance, T 24/91 [2.7], which dealt with a treatment for myopia:The meaning of the term “therapy” is not restricted to curing a disease and removing its causes. [read post]
13 Aug 2011, 11:01 am by Oliver G. Randl
It is also clear that in the case of any dispute as to the extent of the relevant CGK this, like any other fact under contention, has to be proved, e.g. by documentary or oral evidence (see also T 766/91 [8.2]). [read post]
11 Aug 2011, 3:01 pm by Oliver G. Randl
As claim 1 of the main request no longer includes such a limitation, the board concludes that protection conferred by the patent has been extended, contrary to A 123(3).[2.11] In the impugned decision, the OD relied on decisions T 190/99 and T 749/03 as well as T 108/91 and T 438/98, all of which had been cited by the patent proprietor during opposition proceedings. [read post]
17 Jul 2011, 3:01 pm by Oliver G. Randl
When you appeal against the decision of an Examining Divison (ED) to refuse your application, be sure to address all the objections raised. [read post]
29 Jun 2011, 3:01 pm by Oliver G. Randl
The patent proprietor appealed against the decision of the Opposition Division (OD) to revoke the patent.Claim 15 of the patent as granted read:A granulate comprising dried granules formed from a phytase and a solid carrier which comprises at least 15% (w/w) of an edible carbohydrate polymer.During the opposition proceedings, the patent proprietor filed an auxiliary request file 5 of which read:A granulate comprising dried granules formed from a phytase and a solid carrier which comprises at least… [read post]
23 Jun 2011, 3:01 pm by Oliver G. Randl
The patent was revoked.Should you wish to download the whole decision, just click here.The file wrapper can be found here. [read post]