Posts tagged with: "Enlarged-Board-of-Appeal"
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31 Jul 2017, 8:14 am
In its reply to the statement of grounds of appeal dated 21 October 2014, the opponent (respondent) requested that the appeal be dismissed.VII. [read post]
13 Nov 2010, 11:00 am
The appellant also points out that the facts of the case having led the referral to the Enlarged Board of Appeal in G 6/91 are different to the ones of T 1152/05 and of the present case. [read post]
25 Dec 2017, 4:06 am
R 0003/15: surprising interpretation of feature violates right to be heardIn R 0003/15 of 28 November 2017 the EPO's Enlarged Board of Appeal found the right to be heard of the patentee infringed, annulled the Technical Board's decision and sent the case back for re-hearing. [read post]
25 Sep 2010, 11:01 am
Still, from time to time there are interesting details to be gleaned in those decisions of the Enlarged Board of appeal (EBA).The present decision deals with a petition for review of decision T 893/07, which we have reported in an earlier post.[5] The only ground relied on in the petition is A 112a(2)(c) which specifies a fundamental violation of A 113. [read post]
12 Jun 2011, 3:01 pm
Although these arguments were intertwined with the [opponent’s] request relating to remittal, they pertained, upon an objective reading, to the admission into proceedings of auxiliary requests 8 to 15.[2.2] According to the principles developed by the Enlarged Board of Appeal, the appeal procedure is a judicial procedure, separate from the preceding purely administrative opposition procedure, in which an administrative decision of an OD is reviewed by a… [read post]
13 Oct 2009, 5:29 pm
[…]The following questions should be referred to the Enlarged Board of Appeals (EBA) : (1) Does the skilled person have a mother tongue ? [read post]
23 Jun 2010, 3:01 pm
In decision G 1/03 [2.5] the Enlarged Board of Appeal indicated that a lack of reproducibility of the claimed invention is relevant under the requirements of sufficiency of disclosure if the technical effect is a technical feature of the claim, since then it is a feature characterising the subject-matter claimed. [read post]
13 Apr 2015, 12:50 pm
| EPO Administrative Council and Board of Appeal’s removal. [read post]
23 Aug 2022, 2:13 pm
The Board properly applied the recapture rule to bar Mr. [read post]
21 Oct 2022, 6:07 am
The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in G2/21 on plausibility. [read post]
6 Jun 2012, 5:01 pm
As can be derived from the Enlarged Board of Appeal’s argumentation G 10/91 [18], the term “fresh ground of opposition” means a ground which is relied upon for the first time in appeal proceedings (T 986/93 [2.3]). [read post]
11 Jul 2011, 3:01 pm
[3] The Board finds that this question has already been answered by decision G 1/09 of the Enlarged Board of Appeal (EBA) dated 27 September 2010. [read post]
20 Nov 2011, 5:01 pm
So the Enlarged Board has made clear (for instance in R 15/10) that the Boards do not have to indicate their opinion before taking a decision. [read post]
26 Sep 2010, 3:02 pm
The present decision deals with the refusal of an application by an Examining Division (ED), primarily for lack of support in the description (A 84), but there were also other deficiencies under A 56, A 83 and A 123(2).The applicant then filed an appeal and sent the following statement of grounds of appeal (click to enlarge):The Board saw an admissibility problem:[2.1] A 108 in conjunction with R 99(2) requires that a statement setting out the grounds of… [read post]
31 Jan 2012, 5:01 pm
In cases in which a request of a party is considered unclear, it is the duty of the deciding body to ask for clarification before deliberation (see decision of the Enlarged Board of Appeal R 14/10 [6.1]). [read post]
3 Feb 2011, 3:01 pm
The Board in T 1190/01 [2] concluded that the disputed claim met the requirements of A 123(2). [7] It is well established case law of the boards of appeal that a decision taken in examination appeal proceedings is not binding in subsequent opposition proceedings (see Case Law of the Boards of Appeal of the EPO, VII.E.1, penultimate paragraph). [read post]
6 Sep 2023, 12:44 pm
Several defendants petitioned the Patent Trial and Appeal Board (PTAB) for inter partes review (IPR), arguing that the challenged claims were invalid as anticipated and/or obvious based on prior art references. [read post]
9 Feb 2012, 5:01 pm
The legal situation in this regard has been elucidated in the decisions of the Enlarged Board (EBA) G 9/92 and G 4/93. [read post]
24 Jan 2020, 8:57 am
Hence, all the documents filed in the appeal proceedings are admitted into the proceedings.2. [read post]
29 Sep 2013, 5:01 pm
This is a petition for review of decision T 808/11 of Board of Appeal (BoA) 3.5.03, which had dismissed the patent proprietor’s appeal against the decision of the Opposition Division (OD) to maintain the patent in amended form.During the oral proceedings (OPs), the Board had raised a clarity objection, in response to which the patent proprietor filed new auxiliary requests. [read post]
