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14 Mar 2011, 3:50 am
All the videos are open access to stream or download, together with a number of papers. [read post]
27 Feb 2011, 3:01 pm by Oliver G. Randl
As a rule, the features of the claim under consideration have to be compared with the features of the object of the prior use and the technical relationships have to be pointed out (T 28/93 [4.1]). [read post]
13 Feb 2011, 3:01 pm by Oliver G. Randl
The board has considered the decisions cited by the appellant, but finds that they are not relevant to the facts in the present case.[5.6] Consequently the board finds that the subject-matter of claim 1 cannot be considered to involve an inventive step, A 56 EPC 1973.Should you wish to download the whole decision, just click here.To have a look at the file wrapper, click here.You can find a post on a similar decision here. [read post]
9 Feb 2011, 3:00 pm by Oliver G. Randl
G 4/93 and G 9/92 [16]). [2.3] The [patent proprietor] deleted the reference point from claim 8 as maintained by the OD in reaction to an objection raised by the [opponent]. [read post]
7 Feb 2011, 3:01 pm by Oliver G. Randl
This requirement pertains to one of the main functions of the notice of appeal in defining an appellant’s initial request, see the explanatory remarks for R 99 in the Special Edition 5 of the Official Journal 2007: “Revision of the European Patent Convention (EPC 2000), Synoptic presentation EPC 1973/2000 - Part II: The Implementing Regulations”: “[the] requirement of R 99(1)(c) EPC 2000 takes into account that the appellant’s initial request - according to the case law… [read post]
6 Feb 2011, 3:01 pm by Oliver G. Randl
The Board remitted the case to the OD for further prosecution on the basis of the auxiliary requests.Should you wish to download the whole dec [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]
27 Jan 2011, 3:01 pm by Oliver G. Randl
However, the same reasoning should hold true, and this is indeed the conclusion of T 928/93 [3].Of course, the normal precautionary reaction of opponents would be to raise both grounds, even if at the time of filing one had only arguments for one of them. [read post]
23 Jan 2011, 3:01 pm by Oliver G. Randl
Such a patent can, therefore, only be maintained if there is a basis in the application as filed for replacing such subject-matter without violating A 123(3), i.e. for replacing the unallowable technical feature limiting the scope of protection conferred by the patent as granted with another technical feature which restricts the scope of the granted patent.Therefore, according to G 1/93 [read post]
22 Jan 2011, 7:50 am by Mandelman
Wells Fargo, in a variation on the same theme, provided the judge with a copy of the Pooling & Servicing Agreement (“PSA”), but the copy was downloaded from the Securities and Exchange Commission website and was not signed, so it didn’t contain the loan schedules referenced in the agreement that should have identified the mortgage in question as being included in the pool. [read post]
16 Jan 2011, 3:01 pm by Oliver G. Randl
Thus the contents of these components in the composition of claim 1 are unclear.The appeal was dismissed.Should you wish to download the whole decision (in German), just click here.To have a look at the file wrapper, click here. [read post]
7 Jan 2011, 2:01 pm
Guests: Eriq Gardner and Graham Syfert Download or subscribe to this show at twit.tv/twil. [read post]
30 Dec 2010, 11:52 am by SOIssues
Two, the term “sex offender” covers not only the pedophile with a long history of molesting kids, but the youth convicted for having sex with his underage girlfriend, and the guy who has downloaded kiddie porn to his computer. [read post]
21 Dec 2010, 3:01 pm by Oliver G. Randl
Whether or not this effect is “very significant” is irrelevant, since absolute proof of the usefulness of the compound as a vaccine is not necessary […].Finally the Board found the claims on file to be inventive.Should you whish to download the present decision, just click here.To have a look at the file wrapper, click here. [read post]
14 Dec 2010, 2:25 pm by MBA
Click here to download the full article PDF of Steven Malitz’s successful contract litigation or view it below. [read post]
9 Dec 2010, 4:11 pm by Oliver G. Randl
T 320/87 and T 356/93 both have envisaged such an approach.The EBA undertakes to determine what the purpose of the exclusion in A 53(b) was when the EPC 1973 and the Preliminary Draft (SPC) Convention of the Council of Europe were drafted. [read post]
3 Dec 2010, 12:55 pm by MBA
Click here to download the PDF of the full story of the successful contract litigation by Steven Malitz or view it below. [read post]
1 Dec 2010, 3:01 pm by Oliver G. Randl
Should you wish to download the whole decision, just click here. [read post]
29 Nov 2010, 3:01 pm by Oliver G. Randl
Thus none of the requests complies with the requirements of A 76(1).The appeal is dismissed.Should you wish to download the whole decision (in German), just click here. [read post]