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17 May 2010, 3:16 pm by Oliver G. Randl
Therefore, the present selection of eight substances does not enjoy any priority.Hence the [patent proprietor], when defining the subject-matter of claim 1, has selected the preferred range of from 10 to 40% by weight and combined it with a group of eight substances that has been arbitrarily extracted from the list of eleven substances. [read post]
2 May 2018, 1:10 am by Jelle Hoekstra
Notice of opposition was filed against the granted patent, the opponent requesting revocation of the patent in its entirety on the grounds of lack of novelty and inventive step (Articles 54(2) and 56 EPC and Article 100(a) EPC), lack of sufficiency of disclosure (Article 100(b) EPC) and added subject-matter (Article 100(c) EPC).III. [read post]
2 May 2018, 1:10 am by Jelle Hoekstra
Notice of opposition was filed against the granted patent, the opponent requesting revocation of the patent in its entirety on the grounds of lack of novelty and inventive step (Articles 54(2) and 56 EPC and Article 100(a) EPC), lack of sufficiency of disclosure (Article 100(b) EPC) and added subject-matter (Article 100(c) EPC).III. [read post]
30 Apr 2013, 5:28 am by Rebecca Tushnet
However, Stanwood didn’t plead fraud with particularity under Rule 9(b). [read post]
31 Mar 2017, 1:51 am by Jeroen Willekens
Although the standard of balance of probabilities has occasionally been paraphrased as meaning that one has to assess whether one set of facts is more likely to be true than the other (see T 381/87, OJ EPO 1990, 213, point 4.4.b)), such a literal interpretation of "balance" does not, in the Board's view, properly reflect the long-standing judicial practice of the boards of appeal in determining whether a particular piece of information has become publicly available. [read post]
31 Aug 2011, 9:14 am by Big Tent Democrat
In one additional CMA identified in Appendix B, the post-merger HHI falls just below 2,500 and the market would be considered moderately concentrated. [read post]
14 Feb 2016, 1:32 pm by Lawrence B. Ebert
July 18, 2008) ("[T]he USPTO is entitled to Chevron deference where, as here, it is engaged in interpreting the scope of its power under Section 2(b)(2) and its other sources of rulemaking authority. [read post]
2 Mar 2011, 6:14 am by lawmrh
After all, wasn’t that the point of leveraged technology? [read post]
26 Feb 2016, 12:04 pm by Rebecca Tushnet
B/c that affects whether consumers choose to interact w/it and the weight/credibility they give it. [read post]
19 Jun 2011, 3:01 pm by Oliver G. Randl
The basis on which the status of opponent is obtained and enjoyed is thus a matter of procedural law (G 3/97 [2.1]). [read post]
28 Jun 2010, 2:26 am by NL
However, how such a breach is to be discovered is another matter. [read post]
28 Jun 2010, 2:26 am by NL
However, how such a breach is to be discovered is another matter. [read post]
30 Dec 2010, 3:01 pm by Oliver G. Randl
The solution as claimed is, as discussed above, not considered obvious.Accordingly, the subject-matter of claim 1 involves an inventive step in the sense of A 56.Should you wish to download the whole decision, just click here.To have a look at the file wrapper, click here.The decision has also been commented on Visae Patentes. [read post]
11 Mar 2017, 6:47 pm by Josh Blackman
§ 1152(a)(1) provides: (A) Except as specifically provided in paragraph (2) and in sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discrimina [read post]
24 Feb 2020, 10:02 am by Rebecca Tushnet
Even if as a matter of principle there ought to be such liability, we don’t have 100 years of it. [read post]
29 Mar 2012, 5:01 pm by Oliver G. Randl
Moreover, document D18, tables 11-13 describes that the a* and b*-value depend significantly on the paper and on the printer used. [read post]
9 Jun 2010, 3:02 pm by Oliver G. Randl
As has been observed elsewhere (see T 87/05), the RPBA are in part at least a codification of the case-law on procedural practice. [read post]