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23 Dec 2012, 5:01 pm by oliver randl
The decision also does not formulate the technical problem in accordance with T 641/00 [catchword 2] which, if any, the claimed invention is considered to solve, nor argues why it does not consider that the preamble of claim 1 (“how many wells to drill in a plurality of oil and gas field assets”) constitutes this technical problem as the applicant proposed […]. [4] With reference to T 1227/05 the ED only argues […] that “the specific purpose… [read post]
5 Aug 2010, 3:01 pm by Oliver G. Randl
”; T 1208/97 [4(b)]: “A 69 does not offer any basis for reading into a claim features which can be found in the description when judging novelty. [read post]
19 Feb 2024, 9:12 am by Marcel Pemsel
The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97). [read post]
14 Apr 2010, 3:01 pm by Oliver G. Randl
In the present case, subject-matter of the originally filed claims 2, 3 and 4, can therefore be re-introduced into claim 1, as long as it does not infringe A 123(2) and (3). [read post]
12 Jun 2013, 7:47 pm by Sean Wajert
So where does Comcast, ostensibly an antitrust case, fit here? [read post]
22 Sep 2021, 6:12 pm by David Friedman
Journal of Financial Economics. 29 (1): 97–112. [read post]
19 Dec 2019, 11:59 pm by Roel van Woudenberg
According to decision G 1/97, Article 125 EPC merely provides a means of supplementing existing procedures in case a lacuna becomes apparent in an EPC provision. [read post]
4 May 2011, 7:30 am by Lawrence Solum
Here is the abstract: In The Complexity of Jurisdictional Clarity, 97 VA. [read post]
13 Mar 2023, 6:14 am by Matthew L.M. Fletcher
Antelope, 430 U.S. 641, 643 n.1, 97 S.Ct. 1395, 1397 n.1, 51 L.Ed.2d 701 (1977); United States v. [read post]
8 Oct 2013, 5:01 pm by oliver randl
”[1.8] This rule was applied in T 97/98 to correct a notice of appeal in circumstances very similar to those in the present case. [read post]
11 Nov 2013, 5:01 pm by oliver randl
 [8] The appellant-opponent has argued that claim 1 does not fulfil one prerequisite to qualify as a second medical use-claim in accordance with G 5/83, namely that a “medicament” is used in the treatment. [read post]
20 Sep 2018, 7:17 am by Jessica Kroeze
According to this Board, the interpretation of those decisions ignores the fact that Article 114(2) EPC does not justify such discretion, as previous case law has repeatedly stated. [read post]