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29 Oct 2009, 9:27 pm
The board however agrees with the conclusions in the subsequent decisions T 15/01 and T 5/05, according to which the conclusion reached in T 998/99 is not valid. [read post]
15 Jun 2011, 3:01 pm by Oliver G. Randl
In accordance with the established case law of the boards of appeal (see Case Law, 6th edition, chapter VI.C.2.) the board consequently states that in the case of a request for OPs by a party the OD has no power to issue a decision adversely affecting such party without first appointing OPs (see T 686/92 [3]; T 795/91 [3]).In the present case, however, in view of the positive conclusion in favour of the opponent the OD had reached regarding the question of novelty (see its… [read post]
6 Nov 2011, 5:01 pm by Oliver G. Randl
According to this decision, the assessment of whether a method step that is excluded from patentability may be omitted (ausgeklammert) from a claim, whether by leaving it out or by wording [the claim such that it] indicates that this step is carried out outside the claimed method, depends on whether the claimed invention is fully and completely defined by the remaining features of the claim without that step.As already explained, in the present case, the attachment of the first reference system to… [read post]
16 Nov 2015, 12:22 pm by Şamil Demir
Avukatlık meslek kurallarının çağın gerisinde kalması  Türkiye Barolar Birliği Avukatlık Meslek Kuralları, TBB’nin 8-9 Ocak 1971 tarihli IV. [read post]
16 Nov 2015, 12:22 pm by Av. Şamil Demir
Avukatlık meslek kurallarının çağın gerisinde kalması Türkiye Barolar Birliği Avukatlık Meslek Kuralları, TBB’nin 8-9 Ocak 1971 tarihli IV. [read post]
21 Apr 2011, 3:01 pm by Oliver G. Randl
If a party has discharged its burden of proof, then the adverse party, which tries to invalidate the facts that have been established convincingly by submitting adverse arguments bears the burden of proof for those arguments (see T 109/91 [2.10], T 239/92 [2.4.2-3], T 525/90 [4]).[3.4] The facts described above in paragraphs [3.1] and [3.2] were not contested by the parties, and the Board having thoroughly examined them, does not contest them either.However, it was… [read post]
5 Mar 2019, 2:08 am by Jessica Kroeze
Die Beschwerdekammern seien durch das EPÜ gebunden und könnten nicht extra legem selbst neue Rechtsbehelfe schaffen. [read post]
22 Apr 2010, 4:29 pm by law shucks
Gates says the current tax system is unfair and doesn’t support necessary government programs. [read post]
5 Mar 2010, 3:03 pm by Oliver G. Randl
[…] the board concludes that no case of lack of sufficient disclosure of claim 37 has been made. [44] [The opponent] has referred inter alia to decisions T 226/85, T 409/91 and T 694/92 to support his case. [read post]
29 Dec 2012, 11:01 am by oliver randl
T 1898/07 (also presented on this blog - here) is also relevant in this context.Should you wish to download the whole decision (in German), just click here.The file wrapper can be found here. [read post]
6 Oct 2008, 9:52 pm
(Guest Post by Bill Dyer a/k/a Beldar) I hadn't seen before today the press release from the University of Chicago Chronicle that Hugh linked. [read post]
18 Mar 2019, 8:10 pm by Howard Bashman
And Jon Parton of Courthouse News Service reports that “Kansas State University Can’t Dodge Title IX Lawsuit. [read post]
8 Jan 2012, 5:01 pm by Oliver G. Randl
The [opponent] referred to decisions T 379/09, T 144/09 and T 240/04 to provide support for its view.The board concurs with the [opponent] that the primary purpose of the appeal procedure is to check the correctness of the decision of the department of first instance. [read post]
12 Sep 2012, 5:01 pm by oliver
The Board cannot endorse this opinion. [1.3] According to the case law of the Boards of appeal, the modified wording of R 99 has not resulted in a substantive revision (inhaltliche Neuregelung) of the requirements for the notice of appeal and the statement of grounds of appeal (T 358/08 analysing in detail the travaux préparatoires, T 689/09, T 9/08).This means that the requirements of R 99(1)(c) are satisfied when the notice of appeal requests that the impugned… [read post]
2 Aug 2012, 5:01 pm by oliver
Well, it has finally reached K’s law, too.The Opposition Division had revoked the patent. [read post]