The whole discussion in the case turned around the question whether there was a lack of definition of the essential parameter d90 (particle size distribution of 90% of the particles) as the skilled person did not know whether the parameter d90 referred to 90% of the particles by volume, by number, by weight or by surface area.
Updates on EPC, PCT, EPO case law and the e-EQE
PCT update - May 2022
This is a monthly snapshot of the most important PCT-related changes – we include a full list of future changes, together with selected recent changes that are important for daily practice. The changes of 1 Jul 22 will be included in the Sept. 2022 edition of PCT.App.
Some treaty accessions were announced and e-PCT now provides additional recovery options in case of disruption. The biggest future change is still the “big bang” change to the ST.26 standard for sequence listings.
T 1444/20 – No need to adapt the description at grant
by Daniel X. Thomas
Following T 1989/18 according to which the description does not have to be adapted, T 1444/20 approves T 1989/18 and also quotes R 42(1,c) and R 48(1,c).
The decision of the ED
In the communication under R 71(3) the applicant was informed that the division intended to grant a patent whereby pages 29 to 41 of the description were to be deleted.
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T 2990/18 – Correction of an error under R 139 and amendment to a party’s case under Art 13(1) RPBA20
by Daniel X. Thomas
AR 1 to 4 and 6 to 8 were submitted with letter dated 07.11.2019 replacing AR 1 to 4 and 6 to 8 filed with the reply to the statement setting out the grounds for appeal of the opponent.
The proprietor put forward, in relation to these AR,