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12 Nov 2010, 6:57 am by Joel Beck
Typically, I pontificate and ramble about on securities compliance and regulatory matters, and don't discuss many business law issues here at BDLawBlog.com. [read post]
24 Apr 2018, 12:20 am by Jessica Kroeze
Therefore, the subject-matter of claim 1 was novel over D1.D5 was completely silent about the S content. [read post]
10 Feb 2010, 3:40 am
[and t]he merits of such defense shall be considered and determined as part of the arbitration award" (Civil Service Law §75-b [3] [a]). [read post]
7 Apr 2009, 4:57 am
[and t]he merits of such defense shall be considered and determined as part of the arbitration award" (Civil Service Law §75-b [3] [a]). [read post]
27 Mar 2011, 3:01 pm by Oliver G. Randl
In principle, the parties should be informed on the new objections in writing, as soon as possible (T 433/93; T 1164/00; T 64/03).[1.3] In the present case the Board notes that the late submission and the admission of the new ground for opposition into the proceedings have not been mentioned in writing or orally. [read post]
15 Jan 2013, 5:01 pm by oliver randl
It follows thus that if such a request is submitted in appeal the board has to exercise its discretion under Article 12(4) RPBA and decide whether to admit or not such a request (see the discussion on this topic in T 28/10 [3.2-3], in which also the previous case law of the boards of appeal is discussed). [2.4] The present main request differs from the proprietor’s main request at first instance (which is identical to the 1st auxiliary request on appeal) essentially by the absence of… [read post]
24 Jul 2007, 5:45 pm
"Exclusive" and "proprietary" may indicate a claim of right to preclude others from offering the same technology, but it doesn't matter who invented that technology. [read post]
5 Aug 2010, 3:01 pm by Oliver G. Randl
”; T 1208/97 [4(b)]: “A 69 does not offer any basis for reading into a claim features which can be found in the description when judging novelty. [read post]
20 Dec 2023, 1:28 am by Rose Hughes
(if selecting from convergent lists) (T 1621/16) (March 2020)Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat)) (Oct 2023)Defining what the invention is not can be as important as defining what the invention is (T 0273/22, Chimeric antibodies/REGENERON) (Nov 2023)The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21) (Dec 2023)Image credit: DALLE-3 [read post]
19 Mar 2012, 6:01 pm by Oliver G. Randl
In this respect, the [opponent] cited inter alia decisions T 932/93 and T 358/08, which confirmed that a request according to R 99(1)(c) could be implicit, the extent of the appeal being a matter for the grounds of appeal. [read post]
24 Mar 2010, 4:03 pm by Oliver G. Randl
Rather in the present case they arise in the context of the evaluation of A 83 when considering the question of whether or not the claimed subject-matter can be carried out over the whole scope without undue burden, they therefore have been dealt with there […]. [96] In conclusion the subject-matter of […] claim 1 […] and claims dependent thereon involves an inventive step. [read post]
9 Jan 2017, 1:15 am by Jeroen Willekens
As a matter of fact, the Enlarged Board has analysed and endorsed the established jurisprudence in point 26 of the reasons for the decision:"... [read post]
11 Jun 2022, 12:08 pm by Eugene Volokh
Code § 73.005(b) provides that In an action brought against a newspaper or other periodical or broadcaster, the defense [of truth] applies to an accurate reporting of allegations made by a third party regarding a matter of public concern…. [read post]
27 Aug 2021, 1:32 pm
  The fact that the (allegedly crappy) work was done in Virginia, or that there was no actual lawsuit filed here yet, wouldn't matter. [read post]
18 Apr 2011, 3:01 pm by Oliver G. Randl
This is also corroborated by the second paragraph on page 2 of the application […] according to which the device according to the invention is suitable for segregating both liquids and solid particles from gases generated in any type of device.Incidentally, it is noted that the German application (DE 102004006834 A1) the priority of which is claimed by the present application has been classified also in the higher-ranking class B04C 5/24 by the DPMA.Board of appeal decision T 542/00,… [read post]