Posts tagged with: "Enlarged-Board-of-Appeal"
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13 Nov 2023, 1:28 am
According to the Enlarged Board of Appeal in G 1/03 and G 1/16, a disclaimer not mentioned in the application as filed may be added to the claim in order to restore novelty in view of an accidental anticipation by prior art. [read post]
22 Jan 2019, 8:24 am
In its decisions G 9/91 and G 10/91, the Enlarged Board of Appeal rephrased the questions referred to it as being inter alia "whether or not - or to what extent - an Opposition Division or a Board of Appeal [...] is bound by the statement of the opponent under Rule 55(c) EPC [1973] of the extent to which the patent is opposed and of the grounds for opposition" (see G 9/91, reasons 5; emphasis by this board).6.1 It then asks whether it… [read post]
11 Apr 2025, 4:20 am
Following the high profile hearing last month, we are now waiting for the written decision of the Enlarged Board of Appeal (EBA) in G 1/24. [read post]
16 Oct 2018, 3:00 am
The respondent admits that it had not requested to take a request for interruption of the oral proceedings into the minutes presuming that this was an essential of the oral proceedings which certainly would be mentioned in the minutes.First of all the Board again points to the decision of the Enlarged Board of Appeal (EBA) in R 2/12 reiterating the finding of the EBA that "it is the dut [read post]
21 Oct 2013, 5:01 pm
The board is aware that R 106 lays down an admissibility requirement for a petition of review the examination of which is within the jurisdiction of the Enlarged Board of Appeal. [read post]
31 Oct 2024, 2:44 am
The Board of Appeal took note of the pending referral to the Enlarged Board of Appeal (EBA) on the issue of prior use (G1/23) (IPKat). [read post]
10 Apr 2025, 5:00 am
In G 1/19, the Enlarged Board of Appeal (EBA) found that calculated numerical data can have technical character if it has "an inherent technical quality" or if it serves a technical purpose. [read post]
19 May 2020, 6:22 am
The Enlarged Board of Appeal (EBA) decision in G3/19 is a beautiful example of legal fudge. [read post]
21 Jan 2025, 7:49 am
Katfriend Greg Corcoran analysed a well-known referral to the Enlarged Board of Appeal of the EPO regarding claim interpretation. [read post]
29 Apr 2024, 10:43 pm
It considered the sound to be too short to have the necessary resonance or memorability, and had a functional purpose of capturing the attention of travelers.Alessandro Cerri analysed the first referral from the Executive Director of the EUIPO to the Enlarged Board of Appeal to clarify whether an application that is withdrawn during the appeal period following a refusal decision from the EUIPO can proceed to conversion to a national application. [read post]
15 Jul 2024, 1:11 am
The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation (IPKat). [read post]
27 Jan 2013, 5:01 pm
The EBA has often stated that the fact that the petitioner does not share the view of the Board of Appeal and does not accept the outcome of the decision is a matter for a review of the merits of the decision (a means of redress which does not exist in the EPC, the decisions of the Boards of Appeal being res judicata). [read post]
26 Jul 2023, 6:29 am
Subject to the observations of the appellant, a Board of Appeal is now poised on the point of a referral to the Enlarged Board of Appeal (EBA) (EP 15700545.5). [read post]
24 Jan 2025, 12:30 am
As explained by the Enlarged Board of Appeal (EBA) in G 1/03, when an effect is part of the claim, objections regarding whether the effect is achieved across the scope of the claim should be considered under sufficiency of disclosure rather than inventive step (see G 1/03 point 2.5.2).micro-KatIn contrast to the EPO, UK courts have shown a tendency to consider the technical effect of an invention as a claimed feature regardless of whether it is explicitly… [read post]
12 Apr 2018, 12:11 am
The appellant further requests that the following questions be referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:"1. [read post]
12 Apr 2018, 12:11 am
The appellant further requests that the following questions be referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC:"1. [read post]
27 Nov 2023, 11:15 am
The full written decision of the Board of Appeal in T 0116/18, the referring Board to G2/21, was published today. [read post]
24 Nov 2022, 4:48 am
The Boards of Appeal have not yet had to fully put the EBA's reasoning against ViCo into practice. [read post]
2 Feb 2018, 7:37 am
During appeal by the proprietor and an opponent, the Board revoked the patent for added subject-matter.The proprietor-appellant filed a petition for review under Article 112a EPC against the decision of the Board. [read post]
2 Feb 2018, 7:37 am
During appeal by the proprietor and an opponent, the Board revoked the patent for added subject-matter.The proprietor-appellant filed a petition for review under Article 112a EPC against the decision of the Board. [read post]
