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26 Mar 2013, 6:01 pm by oliver randl
[…] the opponent has validly made known his intention of having the OD’s decision set aside” (point [9] of the reasons). [read post]
18 Mar 2013, 6:01 pm by oliver randl
Both the patent proprietor and the opponent filed an appeal against the decision of the Opposition Division to maintain the patent in amended form.Claim 1 of the patent as maintained read (amendments with respect to claim 1 as granted are highlighted):Scale (1) having a supporting plate (4) for receiving a mass to be weighed and having an electricalswitching device (16, 24) for choosing or selecting a function of the scale (1), characterized in that theswitching device (16, 24) has a capacitive… [read post]
Editor’s Note: The following post comes to us from Urooj Khan, Oded Rozenbaum, and Gil Sadka, all of the Accounting Division at Columbia Business School. [read post]
13 Mar 2013, 6:01 pm by oliver randl
OPs before the OD took place on 8 November 2010. [read post]
12 Mar 2013, 6:01 pm by oliver randl
Both objections were addressed by the opposition division (OD) in its communication annexed to the summons to oral proceedings (OPs) […]. [read post]
8 Mar 2013, 9:47 am by Jamison Koehler
More like this: A Military Brat with Daddy Issues The Permanence of Blue The Blackwater Fraud Trial:  Ode to Plaintiff’s Counsel [read post]
7 Mar 2013, 5:01 pm by oliver randl
In the present case, the [patent proprietor’s] main request was rejected by the OD and the patent was maintained on the basis of the first auxiliary request then pending before the OD. [read post]
6 Mar 2013, 5:01 pm by oliver randl
Although this is not mentioned in the minutes of the OPs, the board sees no reason to challenge this statement. [3] Thus, the question arises whether the request should be admitted in appeal proceedings under the provisions of Article 12(4) RPBA which give the board the power to hold inadmissible requests which were not admitted in the first instance proceedings. [4] The admission of late filed requests in opposition proceedings is at the discretion of the OD (A 114(2) , and the [patent… [read post]
2 Mar 2013, 11:01 am by oliver randl
Hence, according to the proprietor’s line of argument, the technical problem solved over the whole ambit of the granted claim was rather that - also acknowledged by the OD (for the then pending Auxiliary Request 5) - of providing a simpler olefins production process whose yields in olefins were excellent, i.e. comparable to those of the process of document D1. [2.4] The Board finds unconvincing the reasoning of the proprietor because the examples in the patent provide experimental… [read post]
2 Mar 2013, 9:45 am by Kelly Phillips Erb
Last year, I decided that I couldn’t let the day pass without adding a little tax with our Seuss, so I crafted my own Seussical ode. [read post]
26 Feb 2013, 5:01 pm by oliver randl
This is an appeal of the opponent against the decision of the Opposition Division (OD) to maintain the opposed patent in amended form. [read post]
24 Feb 2013, 5:01 pm by oliver randl
Instead, the OD may only decide either to maintain the patent in amended form or to revoke the patent. [read post]
18 Feb 2013, 5:01 pm by oliver randl
Therefore, the board also does not deviate from the OD’s conclusion on novelty. [read post]
17 Feb 2013, 5:01 pm by oliver randl
”The present decision shows that Pascal’s observation also holds true in patent law.The Board had to decide on an appeal by the patent proprietors against the decision of the Opposition Division (OD) to maintain the opposed patent in amended form.One of the core questions before the Board was whether the claims were entitled to the priority.NB: All legal provisions refer to the EPC 1973.[6] The assessment of inventive step hinges on the question whether or not document D3… [read post]
16 Feb 2013, 11:01 am by oliver randl
The OD has understood them to be the requests now on file, which is logically consistent. [read post]
6 Feb 2013, 5:01 pm by oliver randl
It also found document D23 to be highly relevant and introduced it into the proceedings before it remitted the case to the OD for further prosecution.The patent proprietor filed several new requests.On April 22, 2009, the OD (OD) again maintained the patent in amended form. [read post]
4 Feb 2013, 5:01 pm by oliver randl
[Opponents 1 and 2] had made the argument that a pdf file was independent of the system already during the proceedings before the OD. [read post]
2 Feb 2013, 11:01 am by oliver randl
A statement to the same effect is also contained in item 6 of the section «Facts and Submissions» of the decision issued by the OD. [10] The board notes that the patentee, at the end of the OPs, after the OD had considered the main request and auxiliary request I then on file and had decided to revoke the patent and to close the proceedings, did not protest that the OD had not decided on the admissibility of auxiliary requests I to IV filed at the beginning of… [read post]
1 Feb 2013, 7:05 pm by Drake Law Firm
A grand jury is to decide whether to formally indict the 37-year-od driver for DUI and vehicular homicide. [read post]