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27 May 2021, 3:49 am by DONALD SCARINCI
[T]o read those words as allowing what they do not say, namely, as allowing the Commission to dispense with administrative proceedings to obtain monetary relief as well, is to read the words as going well beyond the provision’s subject matter,” Justice Breyer wrote. [read post]
30 Mar 2011, 3:01 pm by Oliver G. Randl
In respect of this crucial issue the decision under appeal thus suffers from a deficiency under R 111(2), first requirement.[6.3.2] Documents A and B filed in response to the communication which the board had issued in preparation of the OPs and in which it gave also a preliminary view on that issue (A 100 (b)) do not support the respondent’s position […]. [read post]
24 Aug 2010, 3:01 pm by Oliver G. Randl
** Translation from the French **[10.3] When carrying out comparative trials in order to demonstrate the problem solved by the claimed subject-matter, the comparison has to be such that it convincingly shows that the distinctive feature(s), here the use of an alkyl(C8-C20)betaine, indeed allows to solve said problem in respect of the closest prior art.[10.4] When dealing with complex cosmetic systems comprising a blend of a plurality of components that may have interactions [with… [read post]
5 Apr 2010, 3:02 pm by Oliver G. Randl
The letter of 23 October 2009 did not include a formal request to allow the accompanying person to make oral submissions and in any case the generally-worded statement of the respondent did not specify the subject-matter of the proposed oral submissions (G 4/95 [headnote points 2(b)(i) and (ii)]). [read post]
8 Jan 2014, 2:34 pm by Marty Lederman
  All that is necessary, on this view, is that the employer "freely choose[s]" to engage in the activity in question--here, providing health insurance--before the challenged law comes into play. [read post]
2 Jun 2017, 1:10 am by Sander van Rijnswou
Accordingly, the appellant is treated as relying on its written case.Main Request - Claims 1 to 5Disclosure of the invention - Article 100(b) and Article 83 EPC2. [read post]
28 Apr 2023, 5:33 am
" At the trial of her husband and half brother, she testified that Till “put his left hand on my waist, and he put his other hand over on the other side" and that he said "What’s the matter, baby? [read post]
24 Jan 2024, 9:48 am by Daniel M. Kowalski
The logic is that agencies have the subject-matter expertise that judges may lack…. ...Yale-Loehr said the role of rulemaking is particularly prominent in the areas of immigration and visas. [read post]
19 Nov 2010, 1:08 am by Andrew Lavoott Bluestone
., J. discusses what to do when the defendant can't be identified, or served within a 120 day period. [read post]
25 Oct 2010, 1:27 pm by Ross
” On the surface, the “Five Bs” might seem wholly unrelated to technology, but that couldn’t be further from reality. [read post]
28 Oct 2019, 2:06 pm
In response, [Respondent]  stated that it was “willing[] to accept the Court’s disposition for this matter. [read post]
14 Sep 2011, 5:01 pm by Oliver G. Randl
The claims as granted comprise two independent claims : claim 1 relating to a composition consisting of (a), (b) and (c).and claim 11 relating to a dietary supplement for the prevention of inflammatory processes and articular disorders consisting of an admixture of (a) and (b), wherein the wording of features (a) and (b) are identical for both claims. [read post]
25 Nov 2019, 11:17 pm by Roel van Woudenberg
In this respect the Board follows the respondent's (opponent's) view that there is no legal basis or available case law according to which some circumstances would justify that only novelty, i.e. not inventive step, should be considered for the criterion of prima facie relevance.Summary of Facts and SubmissionsI. [read post]
10 Oct 2010, 3:01 pm by Oliver G. Randl
The subject-matter of claim 1 is not restricted to a specific method of applying the vital dye. [read post]