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30 Nov 2010, 3:01 pm by Oliver G. Randl
As a matter of fact, a comparative trial is also relevant if it shows that the alleged effect has its origin in the feature(s) distinguishing the invention from the closest prior art (see T 197/86 [6.3]). [read post]
21 Sep 2007, 10:07 pm
The Download of the Week is Fairly Random: On Compensating Audited Taxpayers by Sarah B. [read post]
10 Jan 2010, 3:02 pm by Armand Grinstajn
As regards the decision T 587/98, which might also be considered (cf. the Guidelines C-VI, 9.1.6), it is noted that this decision, in contrast to T 797/02, is not concerned with cascaded divisional applications, but rather with the problem of double patenting, and that the A <--> A plus B situation referred to in this decision does not prevail in the present case since none of the claims of the parent application as granted includes al1 the features of present claim… [read post]
9 Jan 2010, 11:00 am by Armand Grinstajn
[VI] […] In dividing the claim into technical and non-technical features the ED merely followed the standard examination technique for subject-matter referring to an aim to be achieved in a non-technical field (see T 641/00 'Comvik'). [1.3.1] The ED was free to start out from a (notorious) general-purpose computer system. [read post]
18 May 2010, 3:01 pm by Oliver G. Randl
T 960/98, T 619/00, T 943/00, T 452/04, T 466/05). [read post]
19 Feb 2022, 3:07 pm by Rebecca Tushnet
 Tension b/t invention and discovery. [read post]
8 Dec 2011, 5:01 pm by Oliver G. Randl
Claim 1 of the granted patent read: A method for determining T-cell epitopes within a protein comprising the steps of: (a) obtaining from a single human blood sample a solution of dendritic cells and a solution of naïve CD4+ and/or CD8+ T-cells; (b) promoting differentiation in said solution of dendritic cells; (c) combining said solution of differentiated dendritic cells and said naïve CD4+ and/or CD8+ T-cells with a peptide of interest; (d) measuring… [read post]
14 Feb 2018, 1:12 pm by Justin Florence, Allison Murphy
As we explain below, we shouldn’t need a court to force the administration to release its secret Syria memo. [read post]
8 Jan 2009, 1:02 pm
There are certain conditions for this though, some of which are nicely set out in Acting Judge King's judgment in the matter of Bok Clothing Manufacturers (Proprietary) Limited v Lady Land Limited: "It is so, as I have said, that the nature of the document is relevant to the steps required of a party in order to bring the contractual provisions to the other party's attention. [read post]
7 May 2011, 11:01 am by Oliver G. Randl
 Section I.D.3.1 of the Case Law Book deals with the determination of the closest prior art in general:“… The boards have repeatedly pointed out that the closest prior art for assessing inventive step is normally a prior art document disclosing subject-matter conceived for the same purpose or aiming at the same objective as the claimed invention and having the most relevant technical features in common, i.e. requiring the minimum of structural modifications… [read post]
8 Nov 2011, 5:01 pm by Oliver G. Randl
As the claimed plant is defined only by single recombinant DNS sequences it is not a plant variety according to decision G 1/98.Therefore, the subject-matter of the claims does not violate the requirements of A 53(b).To download the whole decision (in German), click here.The file wrapper can be found here. [read post]
28 Dec 2020, 1:00 am by Sander van Rijnswou
This is a decision with the second highest distribution classification 'B'. [read post]
30 Aug 2011, 5:01 pm by Oliver G. Randl
Some time ago, we have seen T 783/09 where Board 3.3.04 stated:[5.6] However, given the term “can” in the citation from decision T 12/81, the absence of a direct and unambiguous disclosure for individualised subject-matter is not a mandatory consequence of its presentation as elements of lists. [read post]
21 Aug 2017, 11:20 pm by Roel van Woudenberg
The Case Law Book (8th edition, July 2016) provides in section I.C.2.8.5 "Proof of common general knowledge": "Where an assertion that something is common general knowledge is challenged, the person making the assertion must provide proof that the subject-matter in question is in fact common general knowledge (T 438/97, T 329/04, T 941/04, T 690/06). [read post]
21 Feb 2017, 6:33 am by Rebecca Tushnet
  Indeed, §113(b), by making clear that the owner of the copyright in technical drawings can’t prevent making the articles, “recognizes that such derivative use may otherwise be protected by the copyright laws. [read post]
10 May 2021, 3:56 am by Peter Mahler
Section 11.01 provides that Forum Capital “shall be dissolved and its affairs wound up upon,” among other events, “[t]he sale, disposition or distribution of all securities and assets held by the Company” or “[t]he election to dissolve the Company made in writing by all the Members. [read post]