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30 Jan 2011, 3:01 pm by Oliver G. Randl
Obviously, this depends on the breadth of the claimed subject-matter and on the relevant skilled person. [read post]
7 Aug 2020, 6:00 am
Only one is actually in our network, and the location the patient's supposed to go to isn't. [read post]
9 Jan 2017, 7:54 am by Rebecca Tushnet
Relatedly: The applicant’s viewpoint about the term or the targeted group matters not at all. [read post]
10 Jul 2011, 3:01 pm by Oliver G. Randl
Therefore, the [opponent’s] objection in effect merely relates to the determination of the exact scope of the claim, which is a matter of A 84 rather than A 83. [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]
17 Aug 2020, 11:00 am by Tracy Coenen
I usually find a hidden account when someone is sloppy: a transfer to a bank that we didn’t know about, no matter how large or small the amount. [read post]
22 Jan 2011, 11:00 am by Oliver G. Randl
T 939/92 [2.5.3] or T 311/95 [2.5.7]). [read post]
8 Jun 2021, 10:37 am by Jon Sands
§ 3553(f)(1)(A)–(C) (emphasis added).1 As a matter of first impression, we must interpret the “and” joining subsections (A), (B), and (C) under § 3553(f)(1). [read post]
3 Jul 2018, 2:08 pm
Below we flag some examples of situations in which you may need to file – a compliance program that won’t catch these isn’t doing its job.Exchange of one type of interest in a company for anotherAcquisition of some kinds of interests in companies are reportable, while others are not. [read post]
5 Mar 2012, 5:01 pm by Oliver G. Randl
Independent claims in the same category; R 29(2) EPC 1973[4.3] As set out in the appealed decision, the subject-matter claimed in the independent method claims 1 and 10, as well as the subject-matter claimed in the independent apparatus claims 3 and 12, does not involve any of the exceptions (a), (b) or (c) mentioned under R 29(2) EPC 1973. [read post]
10 Apr 2010, 11:01 am by Oliver G. Randl
The test for deciding whether an amendment contains subject-matter extending beyond the content of the application as filed is whether the skilled person would be presented with information which is not directly and unambiguously derivable from what was presented by the application as filed, even when account is taken of matter which is implicit to a person skilled in the art (Guidelines C VI-5.3.1, December 2007). [2.2.2] The objected feature specifies that when the first rotor… [read post]
27 Sep 2010, 6:00 am by Keith Paul Bishop
  See Weighted Voting Doesn’t Work: A Mathematical Analysis, 19 Rutgers Law Review 317 (1965). [read post]
9 Oct 2010, 11:01 am by Oliver G. Randl
Question (b) has therefore to be answered in the negative. [read post]
15 May 2017, 2:32 am by Romano Beitsma
The Examining Division decided that the subject-matter of claims 1 and 9 of the main request contained added subject-matter. [read post]
24 Mar 2017, 10:05 am by Rebecca Tushnet
Introduction of any diluting stimuli causes dilution w/r/t all marks; they didn’t notice this super-dilution result from surprise w/Mercedes toothpaste b/c they didn’t test for it. [read post]
14 Nov 2016, 6:16 am by Rebecca Tushnet
But interest in knowing who created the design isn’t the same as interest in who created the particular copy, and that matters if we want to maintain a distinction b/t TM and ©/design patent; those are the regimes charged w/dealing w/content itself, rather than source designation of content.Perry Saidman, Saidman Design Law Group, “Design Patent Functionality”The line b/t design & utility patent: thesis is that there… [read post]