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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]
8 Mar 2011, 3:01 pm by Oliver G. Randl
This ensures not only that the party concerned has a fair idea as to why its submissions were not considered convincing so that it can react accordingly, but also that the board of appeal is in a position to review the decision taken by the first instance department, as is the primary purpose in appeal proceedings (see inter alia G 10/93; T 534/89).[3.5] In the present case, several amendments were introduced in the claims of the third auxiliary request filed with the letter of 17… [read post]
14 Apr 2011, 3:01 pm by Oliver G. Randl
Following decisions G 1/03 and G 2/03 [headnote II.1], such disclaimers are allowed even when not disclosed. [read post]
26 Jul 2012, 5:01 pm by oliver
T 34/90, G 9/91 and G 10/91). [read post]
8 Dec 2010, 3:01 pm by Oliver G. Randl
Procedural matters[4] According to R 115(2), if a party duly summoned to OPs does not appear as summoned, the proceedings may continue without that party. [read post]
8 Mar 2010, 3:02 pm by Oliver G. Randl
It relies on the findings of G 1/04 [6.3] and confirms that “whether or not a method is excluded from patentability under A 53(c) cannot depend on the person carrying it out. [read post]
24 Sep 2013, 5:01 pm by oliver randl
As a matter of fact, the claimed objective lens uses a movable lens group for focusing the objective lens and the claimed condition presupposes variable values of the focal length f’(e) of the objective lens as a function of the object distance. [read post]
3 Jun 2011, 4:03 am by Mandelman
 He REALLY doesn’t want anyone to sell stocks no matter what. [read post]
11 Feb 2020, 1:52 am by Roel van Woudenberg
T 727/00, Reasons, point 1.1.4).1.6.3 The board notes, however, that most decisions following this well-established approach relate to amendments based on lists of non-con [read post]
26 Jun 2013, 1:34 pm by Schachtman
But I wasn’t sure whoever did that was doing all that much good. [read post]
26 Jun 2012, 5:01 pm by oliver
Still according to G 2/88 [7], the technical features of the invention are the physical features which are essential to it. [read post]
3 Jan 2008, 11:56 pm
I don't think I can add anything to the discussion of shifting horserace dynamics that hasn't already been covered by the best political team in the blogosphere. [read post]