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21 May 2012, 5:01 pm by Oliver
Such partial or full replacement was justified because these documents were identical with those of the priority application. [8] The main issue is therefore how the term “missing parts of the description” in R 56 is to be construed and whether, for determining “missing parts of the description”, different tests apply, depending on whether the application claims priority or not. [9] Neither the EPC nor the travaux preparatoires concerning R 56 (or former R 39a)… [read post]
5 Jun 2013, 5:01 pm by oliver randl
., J 22/86 [2]; T 162/97 [1.1.2]).Exceptionally, it has been acknowledged that “the requirement for admissibility [laid down in A 108, third sentence, EPC 1973] may be regarded as satisfied if it is immediately apparent upon reading the decision under appeal and the written statement [of grounds] that the decision should be set aside” (see J 22/86 [headnote I]).The reasons given in the decision impugned[2.2] In order to determine whether it is possible for the board to… [read post]
13 Mar 2011, 4:01 pm by Oliver G. Randl
In this regard the Board points out that this wording of R 36(1) EPC is identical to the wording of the former R 25(1) EPC 1973 and, therefore, the corresponding case law can be taken into account.[6] The present Board agrees with the statement of the Legal Board of Appeal in decision J 18/04 that the term “pending earlier European patent application” in R 25 EPC 1973 did not establish a time limit having a point in time at which the pending status of an application begins and… [read post]
31 Aug 2012, 8:37 am by Bill Marler
[8]           Rudwaleit M, Richter S, Braun J, Sieper J, “Low incidence of reactive arthritis in children following a Salmonella outbreak,” Annals of the Rheumatic Diseases. 60(11):1055-1057 (2001) [read post]
9 Jun 2013, 5:01 pm by oliver randl
., who had resigned.On January 8, 2009, the representative filed a request for re-establishment.The grounds for re-establishment can be summarised as follows:At the beginning of 2008 the applicant had no prospective licensee any more for European countries so that he did not consider paying the renewal fee for the third year.later on the applicant, then travelling for his business in India, found new perspectives for the invention and intended to pay the renewal fee with the surcharge on… [read post]
29 Apr 2012, 5:01 pm by Oliver
The prima facie effect of deemed withdrawal on the A 64 rights[8] A 67(4) provides that a European patent application shall be deemed never to have had the effects set out in A 67(1) and (2) when it has been (a) withdrawn, (b) deemed to be withdrawn or (c) finally refused. [read post]
13 Apr 2011, 1:19 am by Andrew Lavoott Bluestone
  The obvious answer is "after joinder of issue", but the more real world answer is found in  Vlachos v Weil ;2011 NY Slip Op 50538(U) ;Decided on April 8, 2011 ;Supreme Court, Queens County ;Markey, J. . [read post]
8 Jan 2024, 5:00 am by Joy
Supreme Court to decide if Trump can be left off 2024 presidential ballotsToronto man charged for allegedly operating illegal pawnshopWayne LaPierre, longtime head of NRA, to step down with trial looming Ohio Judge’s suspension will end his career as elected judge; he coerced pleas, demeaned litigants, court says - Garry J. [read post]
20 Sep 2013, 7:04 am by Docket Navigator
Edwards Lifesciences Corporation, et. al., 8-12-cv-00327 (CACD September 17, 2013, Order) (Selna, J.) [read post]
11 Mar 2016, 7:28 am by Docket Navigator
Rouse Properties, Inc., 1-15-cv-01365 (VAED March 8, 2016, Order) (O'Grady, J.) [read post]
4 Oct 2016, 2:35 am by Bill Marler
Information available at this time does not indicate an ongoing risk of acquiring hepatitis A virus infection at Tropical Smoothie Café’s, as the contaminated food product has been removed as of August 8. [read post]