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30 Dec 2013, 5:01 pm by oliver randl
The first two conditions of R 76(2)(c) are therefore clearly fulfilled.[1.4] With respect to the last condition (facts and evidence), according to the established case law the notice of opposition must indicate the “when”, “what” and under “what circumstances”, in particular “to whom”, the alleged public prior use was made available (T 522/94 [headnote IV, 10, 12, 20 to 25]; T 328/87 [3.3]).[1.5] In the present case, the… [read post]
16 Feb 2012, 5:01 pm by Oliver G. Randl
Sometimes the Boards indicated that R 65(2) EPC 1973 was preferred to R 88 EPC 1973 as it was more specific (T 715/01 [9]); (b) decisions in which R 88 EPC 1973 was used as a legal basis for the corrections (T 814/98); (c) decisions in which correction was refused because the notice of appeal contained no remediable errors but rather a mistake of law. [read post]
19 Dec 2012, 5:01 pm by oliver randl
R 164 as amended entered into force on April 1, 2010, without there being any transitional provisions. [read post]
29 Dec 2012, 11:01 am by oliver randl
This is expressed, for example, in the provisions of R 51(4)-(6) and R 58(4)(5) [EPC 1973]. [read post]
11 Jul 2013, 5:01 pm by oliver randl
T 556/95, T 798/95, T 394/96 and T 355/03).[4] It follows from the above that, for determining the completion of proceedings before the decision-making department, it has to be established when the decision was handed over by the formalities section to the EPO postal service for notification.[5] The appellant submitted that, in accordance with established case law (G 12/91 [9.1]; T 556/95 [6]; T 394/96 [4]) as well as with established EPO… [read post]
21 Oct 2013, 5:01 pm by oliver randl
As the Enlarged Board has consistently held, the requirement pursuant to R 106 to raise an objection should enable the board confronted with the objection to react immediately and appropriately by either removing the cause of the objection or, as provided in R 106, by dismissing it (R 4/08 [2.1]; R 14/11 [2.5-6] with further references). [read post]
25 Mar 2012, 5:01 pm by Oliver G. Randl
However, as the present factual situation is different, decision T 610/95 is not suitable for justifying the dismissal of auxiliary request I based on R 80.Even considering said decisions the Board is of the opinion that auxiliary request I complies with the requirements of R 80. [read post]
17 Jan 2017, 3:58 am by Sander van Rijnswou
Die Prüfungsabteilung gibt in ihrer Entscheidung (Gründe, Punkt 10) fünf Gründe dafür an, den 2. [read post]
22 May 2010, 11:00 am by Oliver G. Randl
Does the change of wording between R 64 EPC 1973 and R 99 EPC 2000 have an impact on how a notice of appeal and/or a statement of grounds of appeal has to be drafted? [read post]
4 Aug 2008, 12:27 pm
For myself and the rest of my law school peers, exams start in t-minus four days for those of us taking the MPRE, and t-minus nine days for my regular exams to start. [read post]
12 Sep 2012, 5:01 pm by oliver
The Board cannot endorse this opinion. [1.3] According to the case law of the Boards of appeal, the modified wording of R 99 has not resulted in a substantive revision (inhaltliche Neuregelung) of the requirements for the notice of appeal and the statement of grounds of appeal (T 358/08 analysing in detail the travaux préparatoires, T 689/09, T 9/08).This means that the requirements of R 99(1)(c) are satisfied when the notice of appeal requests… [read post]
1 May 2013, 5:01 pm by oliver randl
This was clear from decisions T 305/08 and T 452/05. [read post]
11 Jan 2010, 8:55 am
Die Marke LA CITY geniesse durchschnittlichen Schutzumfang und sei nicht beschreibend für die beanspruchten Waren der Klassen 14 und 18 (u.a. [read post]
27 Dec 2019, 8:33 am
I guess Justin T doesn’t much like my making him pay up on NATO or Trade! [read post]
22 Aug 2013, 5:01 pm by oliver randl
T 227/88; T 472/88 and T 922/94). [read post]
11 Feb 2012, 7:02 am
This recall involves Gevalia, Maxwell House and Nabob brand espresso T Discs. [read post]