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8 Jul 2012, 5:01 pm by oliver
The determination is subject to the important rider of taking into account matter which is implicit to a person skilled in the art. [read post]
1 May 2010, 11:00 am by Oliver G. Randl
 This means that in order to base the refusal of a European application on A 125, each of the following criteria must be met: (a) it must be a matter of procedural law; (b) the principles of general law invoked must be generally recognised in the Contracting States; (c) there must be an absence of procedural provisions in the EPC. [read post]
6 Nov 2012, 5:01 pm by oliver randl
(b) An alumina honeycomb unit prepared from starting materials […] identically corresponding to the starting materials used in the present application for producing an alumina honeycomb unit […], under process conditions […] which are identical to those used in the corresponding embodiment of the present application […]. [read post]
29 Jan 2013, 5:01 pm by oliver randl
This problem was solved by the subject-matter according to present claim 8 comprising five groups of contrast agents, characterised by their affinity to either E-cadherin, CD44, P62/c-myc, p53 or EGFR/erB-2. [read post]
6 Mar 2013, 5:01 pm by oliver randl
” In the [opponents’] view, claim 11 stated in essence that the point in time of adding the protease did not matter, and the combination of only two out of three possible points in time of adding the protease with the features of claim 1 represented a selection which was not derivable from the application as filed and which resulted in the addition of technical information. [11] In point 1.2.1 of its decision, the OD stated that “The presence of an alleged technical effect… [read post]
13 Aug 2011, 11:01 am by Oliver G. Randl
Hence the biological activity of these compounds is not an essential technical feature of the claimed subject-matter, and thus not part of the definition of the claimed subject- matter, so that there is no reason for the term “substituted” not to have its ordinary technical meaning, namely “substituted by absolutely anything” […]. [read post]
7 Sep 2010, 3:02 pm by Oliver G. Randl
Therefore the way in which this judicial body has exercised its discretion on a procedural matter falls outside the jurisdiction of the EBA since this would need a review of all facts and circumstances of the case, which necessarily would mean entering on the merits of the substantive issue. [read post]
4 Apr 2012, 5:01 pm by Oliver
It justified this course of action as follows (English translation):“a) There are unjustifiably many auxiliary requests and those requests do not converge towards patentable subject-matter. [read post]
21 Dec 2010, 3:01 pm by Oliver G. Randl
 [26] Thus, in conclusion the board is satisfied in view of Example 2 that the subject-matter of the claims is a solution to the problem formulated above, i.e. the provision of an alternative vaccine against ISAV. [read post]
24 Dec 2011, 11:01 am by Oliver G. Randl
If the OD finds that some patentable subject-matter results from a limitation/amendment, it may even inform the proprietor of the fact and allow him an opportunity to submit amended claims thereon. [read post]
7 May 2011, 11:01 am by Oliver G. Randl
You first consider the prior art documents disclosing subject-matter conceived for the same purpose or aiming at the same objective as the invention. [read post]
29 Mar 2011, 3:01 pm by Oliver G. Randl
Therefore, the subject-matter of claim 1 of the main request under consideration as a whole includes a therapeutic method. [read post]