Keywords: Withdrawal of the agreement to the text of the patent - revocation of the patent. Keywords: Conditional withdrawal of application effective - correction of withdrawal of application no. Keywords: Amendments - broadening of claim no Claims - clarity yes Novelty yes Inventive step yes - after amendment.
Keywords: Amendments - added subject matter yes main request, 1st-4th auxiliary requests Novelty - fifth auxiliary request - yes Inventive step - fifth auxiliary request - yes. Keywords: New main request - added subject-matter - no , novelty, inventive step, sufficiency, clarity - yes.
Keywords: Late-filed auxiliary request - not admitted Inventive step - main request, second and third auxiliary request no , fourth auxiliary request yes. Keywords: Admissibility of Proprietor's appeal no - not adversely affected by the appealed decision Admissibility of Opponents' appeals yes Novelty yes - alleged prior public use not proven Inventive step no.
Keywords: Inventive step no - obvious solution of the technical problem Reimbursement of the appeal fee no. Keywords: Novelty yes - subject-matter not clearly and unambiguously disclosed Inventive step yes.
Keywords: Sufficiency of disclosure yes Novelty yes Main and first auxiliary request: inventive step no - improvement not credible - unfair comparative tests - arbitrary selection - obvious to try Second auxiliary request: inventive step yes - purposive selection. Keywords: Novelty yes Late submitted material - admitted - no Appeal admissible - yes.
Keywords: Novelty yes Inventive step yes Procedural violation yes Reimbursement of appeal fee yes. Keywords: Novelty yes - after amendment Inventive step yes - after amendment Reimbursement of appeal fee no. Keywords: Late submitted material - document admitted no Novelty yes Inventive step yes - problem and solution. Keywords: Main request - sufficiency of disclosure - yes: specific mechanism for a specific embodiment of the claims disclosed in the description.
Keywords: Novelty - selection - yes Inventive step - yes Reformatio in peius - no Amendments necessary and appropriate - yes. Keywords: Novelty yes Inventive step: third auxiliary request yes , other requests no. Keywords: Novelty main request and second auxiliary request : no - claimed subject-matter already disclosed in the claims of a prior art document Novelty first auxiliary request : yes Inventive step first auxiliary request : no - alleged technical effect not shown throughout the whole scope of claim 1 - obvious optimization.
Keywords: Missing statement of grounds of appeal Appeal inadmissible: yes. Keywords: The subject-matter of all sets of claims contravenes the requirements of Article 2 EPC. Keywords: New main request - added subject-matter no Novelty, inventive step, sufficiency, clarity yes. Keywords: Substantial procedural violation yes Reimbursement of appeal fees yes. Keywords: Invitation to pay additional fees - not based on invention first mentioned in the claims - defective reasoning - reimbursement of fees yes.
Keywords: Novelty, inventive step, sufficiency of disclosure, clarity yes , added subject-matter, extension of scope of protection no. Keywords: Amendments - main request - not allowable Disclosure - sufficiency auxiliary request: no. Keywords: Clarity yes - after amendments Remittal for further prosecution. Keywords: No cancellation of oral proceedings in order to continue the procedure in writing Novelty no.
Keywords: Validity of divisional application no ; subject-matter of divisional extends beyond the content of the earlier application. Keywords: Sufficiency of disclosure - yes:objection not sufficiently substantiated. Keywords: Added subject-matter yes Reimbursement of the appeal fee no. Keywords: Sufficiency of disclosure yes Novelty yes Inventive step no - main and first auxiliary request Inventive step yes - second auxiliary request.
Keywords: Sufficiency of disclosure no - undue burden in carrying out the claimed invention - research program. Keywords: Novelty - implicit disclosure no Inventive step - non-obvious combination of known features. Keywords: Novelty no Inventive step - obvious combination of known features Amendments - added subject matter yes. Keywords: Late filed documents - admitted Alleged prior uses - not proven up to the hilt Novelty yes Inventive step yes. Keywords: Rule 88 EPC - need for a request for a correction in order to be a valid ground for refusing the application.
Keywords: Novelty yes - after amendment Amendments - added subject-matter no Inventive step yes. Keywords: Clarity yes, after amendment Sufficiency of disclosure yes Prior art incomplete. Keywords: Main and first auxiliary request: clarity no Second auxiliary request: decision unreasoned - remittal to first instance. Keywords: Admission of revised auxiliary request 2A into the proceedings as main request yes Added matter no Clarity yes Novelty yes Inventive step yes Sufficiency of disclosure yes. Keywords: Main request - Novelty no First auxiliary request - Inventive step no Second auxiliary request - Novelty no.
Keywords: Main request - industrial application yes Referral to the Enlarged Board of Appeal no Remittal to the first instance yes. Keywords: Main and first auxiliary request: novelty no - suitable for use not a technical feature of the composition Second auxiliary request: inventive step no - improvement no - test vague and imprecise - obvious solution. Keywords: Sufficiency of disclosure: yes Novelty: yes Inventive step: yes. Keywords: Inventive step - ex post facto analysis Opposition grounds - insufficiency of disclosure no Opponent not to be prevented from commenting on an opposition ground duly submitted by another opponent Late-filed material - not sufficiently relevant to be further considered.
Keywords: Visualisation of a possibly concealed graphic indicator in an interactive video game - exclusively addressing a mental process no Shape of graphic indicator - merely aesthetic creation yes Specific implementation of game rule requirements - technical contribution yes Inventive step yes. Keywords: Main and auxiliary requests 1 to 5 - inventive step - no: obvious combination of two documents to verify a suggested novel technical effect. Keywords: Lack of clarity yes Reimbursement of appeal fee no Different apportionment of costs no. Keywords: Amendments - added subject-matter no Disclosure - enabling yes Claims - clarity yes.
Keywords: Novelty: yes Inventive step - problem invention: yes Sufficiency - no undue burden. Keywords: Admission of late filed document denied Inventive step yes. Keywords: Late filed documents - admitted Test report filed in grant proceeding - not automatically part of appeal proceedings and not admitted as late filed Novelty - yes Inventive step - no. Keywords: Novelty yes - after amendment Inventive step yes - after amendment. Keywords: admissibility of amendments under Rule 86 4 EPC yes inventive step yes unity of invention yes.
Keywords: Statement by employee sufficient to prove publication no Late filed document admitted no Novelty yes Inventive step no. Keywords: Main, first to third auxiliary requests: inventive step no Fourth auxiliary requests: sufficiency of disclosure no. Keywords: Jurisdiction of the Boards on issues decided by the first instance - power on the Board to review each issue Party to the proceedings - right to comment on any relevant issue Amendments not allowable - undue generalisation of a commercial product.
Keywords: Inventive step no : main request - redefinition of technical problem - obvious solution Remittal yes : first auxiliary request - fresh case. Keywords: Inventive step no : main request - redefinition of technical problem - obvious solution Remittal yes : second auxiliary request - fresh case.
Keywords: Oral Proceedings - non-attendance although new request filed - right to be heard not violated in particular case Inventive step no. Keywords: Change of claim category - Clarity yes Remittal to the previous instance. Keywords: Remittal for further prosecution of claims directed to hitherto unsearched and unexamined subject-matter. Keywords: Novelty; main request, first auxiliary request no Extension beyond the content of the application as filed; second, fourth and fifth auxiliary requests yes Clarity; third auxiliary request no.
Keywords: Inventive step main request - no Extension of subject-matter beyond content of application as filed auxiliary request - yes. Keywords: Clarity main request, no Inventive step auxiliary request, no. Keywords: Late filed grounds of appeal against the patent as maintained by the opposition division - objections under Articles 84 and 2 EPC - not admitted Novelty yes Inventive step yes - problem and solution. Keywords: Main request: Amendments not allowable - added subject-matter First auxiliary request: Amendments not allowable - added subject-matter - disclaimer based on non-accidental anticipation - disclaimer based on embodiment specifically disclosed as forming part of the invention Second auxiliary request: Amendments allowable - no added subject-matter Novelty yes Remittal - outstanding issues.
Keywords: No communication prior to decision Lack of reasons in a decision Substantial procedural violation yes. Keywords: Re-establishment of rights no Restitutio - all due care - standard of care - assistant - isolated mistake - evidence missing. Keywords: Late-filed request: admissibility yes Amended claims: compliance with Articles 84 and EPC yes Remittal to first instance Request for apportionment of costs refused.
Keywords: Main request, first auxiliary request, second auxiliary request: inventive step no Third auxiliary request: sufficiency of disclosure yes ; right to priority yes ; novelty yes ; inventive step yes. Keywords: Inventive step - claim 1 no - claim 8 no Piecemeal submission of auxiliary requests during oral proceedings Last third auxiliary request filed during oral proceedings rejected as inadmissible. Keywords: Inventive step main request and first auxiliary request, no Extension beyond the content of the application as filed second to seventh auxiliary request, yes.
Keywords: Inventive step main request - no Novelty auxiliary request - no Non-attendance at oral proceedings. Keywords: Main request - novelty yes , inventive step yes , sufficiency of disclosure yes. Keywords: Reasons for rejecting appellant's request to cancel oral proceedings Clarity - no.
Keywords: Admissibility of documents filed late before the Opposition Division yes Inventive step no Apportionment of costs no.
Keywords: Late-filed evidence: not admitted into the proceedings First auxiliary request; novelty no - no proper selection Secondary auxiliary request: limitation of claim 1 violates Article 2 EPC Third auxiliary request: novelty yes - no specific disclosure of the active ingredient in the prior art; inventive step yes - solution to the problem of providing a stable skin care composition including retinol as the active ingredient not obvious. Keywords: Main request - novelty no First auxiliary request - novelty yes - inventive step no Second and fourth auxiliary requests - inventive step no Third and fifth auxiliary requests - added subject-matter yes.
Keywords: Interpretation of claims Novelty no main request Inventive step yes auxiliary request I. Keywords: Added subject-matter no Clarity, conciseness, support, sufficiency of disclosure, novelty, inventive step yes. Keywords: Inventive step - yes Late submitted material - document admitted no. Keywords: Prior use - public yes Inventive step - main, first and second auxiliary request no - third auxiliary request yes.
Keywords: Admissibility of amendments no :- amendment not directly and unambiguously derivable from application as filed main request, first and fourth auxiliary requests -introduction of vague terms creates unclarity due to different equally valid interpretations main request, second and third auxiliary requests. Keywords: Main request: inventive step no First auxiliary request: inventive step no Second auxiliary request: not admitted into the proceedings - not clearly allowable - late filed.
Keywords: Main request - added subject-matter no Apportionment of costs no Remittal to the first instance yes.
I do like the manner in which you have presented this specific problem and it really does offer me a lot of fodder for thought. Keywords: Clarity of the claims - no ground for opposition unless arising from amendments made during opposition or appeal proceedings Sufficiency of disclosure yes - no evidence to the contrary submitted Novelty yes Inventive step yes - non-obvious solution. Keywords: Admissibility of amendments no :- amendment not directly and unambiguously derivable from application as filed main request, first and fourth auxiliary requests -introduction of vague terms creates unclarity due to different equally valid interpretations main request, second and third auxiliary requests. Have you got a telephone directory? Est ce que le surf sur sfr ne peut se faire que via le wapsfr? Keywords: Main request - clarity - no First auxiliary request - inventive step - no Second auxiliary request allowable.
Keywords: Transfer of opponent status - yes Admissibility of appeal - yes Referral to Enlarged Board - no. Keywords: Allowability of amendments yes Novelty yes Inventive step yes. Keywords: Priority validly claimed - same invention acknowledged Inventive step yes - effects not derivable from the prior art. Keywords: Novelty - main request no Added matter - first auxiliary request yes Novelty - second auxiliary request yes Remittal for consideration of undecided issues.
Keywords: Inventive step no : The subject-matter claimed in claim 1 is obvious in the light of the common general knowledge. Keywords: Main and auxiliary requests 2, 4 and 6: Sufficiency of disclosure no - no technical concept fit for generalisation - undue burden in carrying out the invention throughout the whole area claimed - research programme Auxiliary requests 1, 3, 5 and 7: Amendments not allowable - added subject-matter. Keywords: Basis for calculation of time limits - reply to Grounds of appeal late filed - no Admissibility of late-filed requests - yes Inventive step - no all requests.
Keywords: Main request - novelty no 1st auxiliary request - novelty no Referral of question to the Enlarged Board of Appeal no - assessment of evidence 2nd auxiliary request - novelty yes - inventive step yes. Keywords: Main request - sufficency of disclosure - yes Inventive step yes. Keywords: Withdrawal of opposition Selection invention Admission of fresh ground of opposition Novelty yes Inventive step yes.
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Keywords: First priority validly claimed Novelty, Inventive step: yes Sufficiency of disclosure: yes. Keywords: Appeal against the decision of the Examining Devision granting European patent not admissible ; appellant not adversely affected. Keywords: Appeal admissible - yes Novelty - yes Inventive step - no Apportionment of costs - no. Je ne connais pas encore le prix pour le 16go mais je compte bien attendre!!!
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