by Daniel X. Thomas
As announced by board 3.2.01, the referral to the EBA on the application of Art 69 has been published on 01.07.2024
The referred questions
The following questions are referred to the Enlarged Board of Appeal, both to ensure the uniform application of the law [see point 3] and because a point of law of fundamental importance arises [see point 4]:
1.
by Daniel X. Thomas
EP 3 455 066 B1 relates to a a method and an apparatus for producing multilayer films.
Brief outline of the case
The patent was revoked by the OD.
The MR filed during OP before the OD comprised added matter, cf. Art 123(2). AR1 lacked IS over D1=US 4,184,005 +D4=EP 2 085 218,
by Daniel X. Thomas
EP 1 993 350 B1 relates to gene modified brown mushrooms for commercial production. Specific strains were deposited under various ATCC Accession Numbers.
Brief outline of the case
Following opposition before the EPO by two companies, the patent was maintained in amended form. The OD’s decision was not appealed.
by Daniel X. Thomas
EP 3 701 420 B1 relates to a compact optical sensor, such as a fingerprint detector. The sensor is placed under a display panel for detecting and imaging light returned from a fingerprint on top of the display panel.
Existing solutions use absorbing channels as collimators to lead the light to the pixels below the display have the downside of also absorbing desired light.
by Daniel X. Thomas
EP 3 361 885 B1 relates to nutrition for infants, in particular infant formula, intended to be used as a sole source of nutrition. In other words, it replaces mother milk.
Brief outline of the case
The opposition was rejected and both opponents appealed.
The OD considered that the claims at stake where related to a medical use and were purpose limited claims under Art 54(5) used in a method of according to Art 53(c).