Posts tagged with: "Enlarged-Board-of-Appeal"
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21 Mar 2025, 10:09 am
In need of paint removalThe Enlarged Board of Appeal (EBA) decision in G 2/21 considered the question of whether post-filed evidence can be used to support a technical effect of an invention view of the closest prior art. [read post]
7 Nov 2019, 10:26 am
"][Law.com has 'This Is Not Normal': US Judge Denounces Trump's Attacks on Judiciary]And UC Irvine Law Students Win 9th Circuit Immigration Appeal -- The opinion published last week, granting the Salvadoran appellant’s request for review of her rejected appeal to the Board of Immigration Appeals, was the result of efforts by students of UC Irvine School of Law’s appellate litigation clinic. [read post]
28 Jan 2024, 8:10 am
The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. [read post]
6 Dec 2019, 4:05 am
In respect of fresh grounds of opposition, in decision G7/95 (OJ EPO 1996, 626) the Enlarged Board of Appeal held that lack of novelty and lack of inventive step, albeit both falling under Article 100(a) EPC, are different legal grounds for opposition. [read post]
10 Feb 2014, 10:11 pm
Tivoli appealed the examiner’s rejections, and the parties fully briefed the Board by October 6, 2010. [read post]
13 Dec 2017, 12:35 am
The Administrative Council repeatedly sought, and failed to achieve, from the Enlarged Board of Appeal, a proposal for Mr Corcoran’s removal from office. [read post]
29 May 2017, 11:15 pm
The proprietor appealed and argued that partial priority should have been recognized, following the principles of G 1/15. [read post]
29 Jun 2013, 11:01 am
Here are some final bits and pieces regarding the activity of the Boards of Appeal in 2012, completing my first post on examination appeals (here) and the second one on opposition appeals (here). [read post]
6 Jul 2023, 8:27 am
Theoretically, decisions by a Board of Appeal can be appealed further to the Enlarged Board of Appeal, but only under narrow circumstances, so it's quite possible that EP'626 is never going to be resurrrected.Nokia brought infringement actions over EP'626 against OPPO in Germany, the UK, and the Netherlands, and also sued over member of the same patent family in India and Indonesia (in Indonesia, Nokia's cases were dismissed… [read post]
13 Aug 2019, 4:02 am
The appeal fee is not reimbursed if an appeal is inadmissible (Rule 103(1) EPC).Under Article 112(1)(b) EPC, the President of the EPO may refer a point of law to the Enlarged Board of Appeal where two boards of appeal have given different decisions on it. [read post]
15 Jan 2025, 1:38 am
The interpretation of Article 53 EPC has been the subject of several referrals to the Enlarged Board of Appeal (EBA), including G 2/06 (WARF/Stem cells) and G 2/12 (Tomatoes II/Broccoli II). [read post]
21 Dec 2021, 5:18 am
In the oral proceedings before the Legal Board of Appeal in the two DABUS cases earlier today, the Board decided that the appeal is dismissed and that the request for a referral to the Enlarged Board is refused.The Board concludes that DABUS, an AI machine, cannot be considered an inventor in the meaning of the EPC, as the Board concluded that an inventor has to be a person with legal capacity.During the oral proceedings, the… [read post]
10 Mar 2017, 1:18 am
(Most of the posts on this topic are labelled "Eponia" so a search on this should reveal to any keen readers the majority of Merpel's posts.)A Board of Appeal member remains in limbo having been suspended, but the Enlarged Board of Appeal three times (showing admirable and rare backbone) having declined (also noted here) to propose his removal from office.The staff representation has been emasculated, and the main staff… [read post]
27 Jan 2023, 1:54 am
Legal background: ViCo oral proceedingsIn 2021, the EPO introduced a new Rule of Procedure of the Boards of Appeal (RPBA), Article 15a, permitting a Board of Appeal to hold oral proceedings by ViCo whenever "the Board considers it appropriate to do so". [read post]
3 Aug 2022, 1:30 am
The Board did consider two referrals that were requested to be made to the Enlarged Board, however, the referrals were rejected. [read post]
3 Aug 2022, 1:30 am
The Board did consider two referrals that were requested to be made to the Enlarged Board, however, the referrals were rejected. [read post]
22 Apr 2024, 11:50 pm
In obiter dictum, the Court of Appeal stated that if the parties would be in a similar situation, then the circumstances of the defendant are decisive.Rose Hughes discussed the imminent referral to the EPO Enlarged Board of Appeal on the correct approach to claim interpretation (T 0439/22). [read post]
6 Feb 2019, 1:00 am
The board was enlarged in accordance with Article 21(3)(b) EPC and Article 9 RPBA. [read post]
12 Feb 2025, 12:30 am
The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in the closely watched referral G1/24 relating to the role of the description in claim interpretation. [read post]
8 Oct 2013, 5:01 pm
If the deficiencies are not remedied in due time, the Board of Appeal shall reject the appeal as inadmissible. [read post]
