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1 Sep 2017, 12:00 am
According to decision G 1/15, "entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic "OR"-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. [read post]
4 Nov 2022, 1:36 am
The examining division equated the term "embodiment" with subject-matter that has to fall "within the scope of the invention as defined by the claims", and concluded that the description so adapted was not in conformity with the independent claims, contrary to Rule 42(1)(c) EPC, because the term "embodiment" was used in parts of the description that describe subject-matter that was not part of the subject-matter of these… [read post]
12 Jan 2017, 9:00 pm
Decision G 1/03 therefore does not apply.4.5 The first auxiliary request is thus not allowable, because the subject-matter of claim 1 extends beyond the content of the application as filed, contrary to Article 123(2) EPC.(...)7.2 The board thus concludes that the claims of the third auxiliary request are novel.8. [read post]
24 Jan 2018, 6:38 am
This was demonstrated by the observation that the gap width of 3% to 33% of D1 represented added subject-matter compared to the gap 5% to 33% of D22. [read post]
24 Jan 2018, 6:38 am
This was demonstrated by the observation that the gap width of 3% to 33% of D1 represented added subject-matter compared to the gap 5% to 33% of D22. [read post]
13 Oct 2017, 3:02 am
It raised objections of lack of clarity of the subject-matter of claim 1 of the main request and auxiliary request 2, in particular in relation to steps concerning the determination of a "sample size and calculated relative error", and lack of inventive step of the subject-matter of claim 1 of auxiliary request 1 as then pending.V. [read post]
2 Feb 2017, 3:57 am
The right to claim priority and its effect/ purpose (reason 4) led the Enlarged Board to conclude that a generic claim encompassing alternative subject matter may not be refused partial priority, provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. [read post]
7 Feb 2012, 5:24 pm
That proof-of-legal-status requirement, however, was granted in 2011 when the policy was added as an amendment to a fiscal matters bill passed during the special session that ended in June. [read post]
14 May 2015, 12:57 am
Provided these criteria are satisfied (not a straightforward matter for data controllers based outside Europe), data protection actually becomes relatively simple compared to Article 8 privacy and defamation laws. [read post]
18 Jan 2019, 4:42 am
It is this comparative LH hemihydrate that is of particular relevance for assessment of the novelty of the claimed subject-matter. [read post]
2 Dec 2014, 12:05 pm
Complicating matters, though, the state also mulcts $85 million per year, or $170 million per biennium, from the DRP for the general fund, and uses another $30 million or so to feign balancing the budget. [read post]
11 May 2020, 11:45 pm
The respondent's arguments may be summarised as follows:The subject-matter of claims 1 and 9 lacked novelty over D1. [read post]
6 Nov 2020, 7:24 am
However, if there are other reasons that might explain your appearance other than intoxication, it is unlikely the officer investigated those matters – such as exhaustion, prior injuries, age, weather conditions etc. [read post]
28 Jun 2017, 4:47 am
In this appeal in opposition, the Board considered it to be within the board's discretion not to admit auxiliary requests which define subject-matter "diverging" from subject-matter of higher ranking requests, including those requests which, in essence, were filed during first-instance proceedings and re-filed with the respondent's reply, but were not examined by the first-instance department. [read post]
25 Dec 2020, 8:24 am
Thus, it is also not credibly solved over the whole scope of the claim the further technical problem presented by the Proprietor as implied in paragraph [0029] of the patent-in-suit (and also possibly implicitly reflected in the passage of paragraph [0013] referred to at point 3.2 above) that, due to the use of the see-through container, the sensorial distinctions could allow the consumer to evaluate from the exterior of the container the remaining amount for each kind of unit-dose… [read post]
6 Sep 2017, 7:21 am
The subject-matter of present claim 1 represented a limitation of the subject-matter of claim 1 underlying the appealed decision. [read post]
25 Apr 2017, 4:47 am
For these reasons, the skilled person recognised that such a releasable clamping connection was suitable for fixing the cover modules of E5 and arrived in an obvious manner at the subject-matter of claim 1 of the patent as granted.Lack of inventive step in view of a combination of E5 and E4The same was true for the releasable sleeve or adapter fixed by clamping to the syringe barrel of the syringe shown in E4, so that also a combination of E5 with this document rendered the… [read post]
2 Jan 2007, 11:18 am
" This matter appears to have been relevant because the Debtor was trying to achieve a determination that the "surcharges" were dischargeable and this determination directly impacts on whether the automatic stay was violated. [read post]
21 Feb 2012, 8:27 am
As of January 9, DPS had received 19,668 applications for reduction of surcharges under DPS indigence rules, and had approved 18,249 of them, or 92%. [read post]
20 Sep 2017, 12:00 am
For the avoidance of doubt, it should be noted that the Board has not concluded that the subject-matter of claim 1 of the main request involves an inventive step. [read post]
