Posts tagged with: "Enlarged-Board-of-Appeal"
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20 Apr 2011, 3:01 pm
According to the case law of the Boards of appeal, alleged effects to which the applicant merely refers with respect to the closest prior art, for which there is not sufficient evidence, cannot be taken into consideration in determining the problem underlying the invention and, therefore, in assessing inventive step (Case Law of the Boards of appeal of the EPO, 6th edition, 2010, I.D.4.2). [read post]
18 Dec 2023, 8:20 am
Long was a founding board member and has remained on the board for more than 20 years. [read post]
21 Apr 2015, 2:35 pm
On appeal, the Court of Appeals reversed that decision. [read post]
10 Nov 2011, 5:01 pm
Reference can be made in this respect to established jurisdiction, namely to the decision of the Enlarged Board of Appeal G 9/91 [19] and e.g. decisions T 301/87 [3.8] and T 690/00 [4.1], cf. also Chapter VII.D.4.2 in the Case Law of the Boards of Appeal of the EPO, 6th edition, 2010). [2.9] In other words, where - as in the present case - there are multiple requests and a feature common to all requests is held not to meet the requirements of A 84, as a… [read post]
28 May 2019, 3:45 am
Submissions from the respondent in appeal are on file in the form of a statement setting out the grounds of appeal. [read post]
3 Apr 2011, 3:01 pm
The case was not yet mature for a decision as the opponent had not been heard on the problem-solution approach.The opponent requested the following question to be referred to the Enlarged Board of appeal (EBA):“Has the right to be heard be violated when the response of the patent proprietor dated December 12, 2008, comprising auxiliary requests, has been transmitted to the opponent in a registered letter dated December 23, 2008 and delivered on January 2, 2009 (R… [read post]
14 Aug 2011, 3:01 pm
In G 3/08 [7.2.1] the Enlarged Board of Appeal said that “the predictability and verifiability of all state action are indispensable elements of a democratic legal order”, these being amongst the principles which the EPO must support. [read post]
13 Jun 2019, 1:06 pm
Observations on Geography while Waiting for G2/19 | AIPPI Event Report: Actavis v ICOS Supreme Court Rapid Response | Paul Rawlinson (1962-2019) | Retromark Volume V: the last six months in trade marks | BREAKING: Council adopts DSM Directive | USPTO find two male torso-shaped perfume bottles confusingly similar | Guitar headstock not distinctive for … guitars, says EUIPO Board of Appeal | Conference report - More than Just a Game | What is bad faith? [read post]
8 Feb 2012, 4:30 pm
Related posts: EPO Enlarged Board of Appeal: Method Patentable By Disclaiming Unpatentable Step FDA Bans Import of Generic Drugs From Two Ranbaxy Plants EU’s Court of Justice: Stem Cells Unpatentable If An Embryo Is Destroyed [read post]
17 Feb 2013, 5:01 pm
The board also comes to the conclusion that the subject-matter of claim 1 cannot claim priority from the US application No. 835,799, but by a line of reasoning which differs from that of the OD. [7] A 87(1), inter alia, stipulates that the right to priority for the purpose of filing a European patent application can only be enjoyed insofar as the earlier application and the later European application disclose the “same invention”. [8] In its decision G 2/93 [5] and particularly… [read post]
1 Mar 2011, 3:01 pm
Therefore, auxiliary requests 6 and 7 were not to be admitted pursuant to Article 12(4) RPBA.[8.3] Therefore, it is to be decided of whether those requests are to be admitted into the appeal proceedings.[8.4] As far as inter partes proceedings, which are foreseen by the EPC, are concerned, the Enlarged Board (EBA) has developed the principle that these proceedings above all serve the right of the losing party and the other parties to the proceedings to have the first… [read post]
12 Nov 2011, 11:01 am
Further, the compositions of the Boards of Appeal vary from case to case, depending on the specific technical field. [read post]
4 May 2019, 6:15 am
| Breaking: New referral to the Enlarged Board of Appeal on double-patenting Never Too Late 217 [Week ending 17 Feb] Further thoughts on Levola Hengelo v Smilde Foods and the taste of cheese: did the Court create a "validation" test? [read post]
17 Apr 2024, 1:35 am
— The second banana skin was placed on the floor by Technical Board of Appeal (TBA) 3.2.01 in case T 439/22, where the TBA announced that it would refer legal questions of claim interpretation to the Enlarged Board of Appeal, in particular whether it is permissible to interpret a (seemingly) clear term in the claim by using the description. [read post]
4 Feb 2015, 2:31 pm
In its review, the Patent Trial and Appeal Board (PTAB) held trial and ruled that the challenged claims (10, 14, and 17) were unpatentable as obvious as compared to a set of prior art references. [read post]
3 Jan 2017, 9:02 pm
In this case, Applicants appealed from the Allegheny County Common Pleas Court’s (trial court) order reversing the City of Pittsburgh Zoning Board of Adjustment’s decision denying 5542 Penn LP’s application for a special exception and variances. [read post]
23 Mar 2011, 4:01 pm
In what follows, the Board deals with the admissibility of this appeal.[2] A 107 EPC 1973 determines the persons entitled to appeal and to be parties to appeal proceedings. [read post]
27 Mar 2011, 3:01 pm
This also holds true for the VB1 data.[1.1] In its opinion G 10/91, the Enlarged Board of appeal (EBA) […] has found that exceptionally, the OD may, in application of A 114(1), consider other grounds for opposition which, prima facie, in whole or in part would seem to prejudice the maintenance of the European patent. [read post]
26 Feb 2025, 6:53 am
Stay of proceedings when a referral to the Enlarged Board of Appeal is pending) as detailed in the EPO Guidelines for Examination. [read post]
20 Jun 2013, 5:01 pm
George very much enjoyed being part of a three-member Board In this case Board 3.4.03 had to deal with the admissibility of an opposition.The notice of opposition was filed on January 23, 2008. [read post]
