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15 Jan 2013, 5:01 pm by oliver randl
The Board then discussed sufficiency of disclosure and found the invention to be sufficiently disclosed.The main request and first auxiliary request were found to lack novelty.The subject-matter of the second auxiliary request was found to be novel, but the Board was not able to take a final decision on inventive step:[6.4.1] The OD based its assessment of inventive step when discussing the proprietor’s 3rd auxiliary request on a prior art that it identified as A0, which was… [read post]
13 Jan 2013, 8:48 pm by Peter Mahler
Unless both (a) the termination of the ownership interest being redeemed or transferred is coincident with the end of the company’s tax year and (b) a K-1 already has been issued for such completed tax year, the seller and his or her counsel must analyze the potential tax consequences to the seller for the unfiled year(s) with particular attention paid to possible phantom income. [read post]
10 Jan 2013, 5:01 pm by oliver randl
It remains however to be established if this also applies to the objections under A 54 and A 56. [10] The subject matter of claim 1 of the main request is a replication defective pseudotyped HIV-based retrovirus. [read post]
10 Jan 2013, 2:16 pm by Courtney Minick
This case was appealed to the FISA Court of Review, which also published its opinion on the matter. [read post]
3 Jan 2013, 5:01 pm by oliver randl
This situation characterises an insufficient disclosure of the invention.[1.12] As a consequence, the subject-matter of the main request is not disclosed in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art (A 83).Should you wish to download the whole decision, just click here.The file wrapper can be found here.NB: This decision was first reported by Le blog du droit européen des brevets (here). [read post]
2 Jan 2013, 5:01 pm by oliver randl
As a matter of fact, under R 106, a petition under A 112a(2)(c) is only admissible where an objection in respect of the procedural defect was raised during the appeal proceedings and dismissed by the BoA, except where such objection could not be raised during the appeal proceedings. [read post]
31 Dec 2012, 3:01 pm by oliver randl
Only the choice of a lower value for Al2O3 and a higher value for K2O would lead to subject-matter falling within the terms of claim 1 at issue; each of the other three choices necessary would lead outside the claimed subject-matter. [read post]
27 Dec 2012, 3:45 am by Cynthia Marcotte Stamer
The methods by which Madoff engaged in tax fraud included the following: Madoff also arranged for his wife to have a “no-show” job at BLMIS from which she received between approximately $100,000 to $160,000 per year in salary, a 401(k), and health benefits to which she was not entitled. [read post]
26 Dec 2012, 5:40 pm by Cynthia Marcotte Stamer
   She also is a widely published author and highly regarded speaker on these matters. [read post]
26 Dec 2012, 5:01 pm by oliver randl
Thus the disputed matter (Streitstoff) that is relevant for the appeal proceedings results from the SGA and the corresponding reply. [read post]
11 Dec 2012, 11:19 pm by Sean Hanover
Determination of child support is a matter of state posted payment schedules, and is based on (a) amount of custody each parent has, (b) the income of each parent, and (c) the best interest of the child.3. [read post]
4 Dec 2012, 11:35 am by Daniel E. Cummins
In this matter, the Plaintiff filed suit against his former employer, Defendant, Delaware and Hudson Railway Company, Inc., d/b/a Canadian Pacific Railway a/k/a CP Rail System alleging permanent pulmonary damage as a result of prolonged exposure to dust during the course of his employment as a conductor.   Judge Terrence R. [read post]
28 Nov 2012, 5:01 pm by oliver randl
(b) The mist generator comprises a mist channelling funnel (Nebelkanaltrichter), and the water level sensor is provided at the height of the bottom edge of the mist channelling funnel(c) The water reservoir comprises a water overflow pipe (Wasserüberlauf) at the height of the water level sensor.As the present main request corresponds to t [read post]
25 Nov 2012, 5:01 pm by oliver randl
Since EP 0 364 417 B and the patent in suit claim different subject-matter, the question of double patenting cannot arise. [read post]