by Daniel X. Thomas
The patent relates to a switchgear assembly for medium voltage having a short circuit unit.
Brief outline of the case
The opposition was rejected and the opponent appealed.
The OD decided that the priority was valid. As consequence a public prior use at the Hannover fair was not part of the prior art.
by Daniel X. Thomas
The patent relates to a box of cigarettes comprising a wrapper with a removable portion.
The part of the wrapper which can be seen when opening the box (24) bears a different sign (indicia) as the part which remain invisible before the wrapper is removed (26).
Brief outline of the case
The patent was revoked and the proprietor appealed.
by Daniel X. Thomas
The patent is the result of a divisional application of EP04752581/1 641 809. The patent relates to a “Method and Compositions for Detection and Enumeration of Genetic Variations”.
Brief outline of the case
The patent was revoked and the proprietor appealed.
The MR=AR3 was lacking N over D4=WO 2004/069849 with D4a=P4=US 60/476,504=priority application of D4,
by Daniel X. Thomas
The patent relates to an apparatus and a method for the control of a modular power converter with distributed energy storages.
Brief outline of the case
The opponent appealed the rejection of the opposition by the OD.
The board held that claim 1 as granted infringed Art 123(2). AR1-3 were not admitted under Art 12(3 and 5) RPBA for lack of substantiation.
by Daniel X. Thomas
T 2194/19 was already commented in this blog, on the adaptation of the description. The case is interesting for another reason. The proprietor suggested to refer a number of questions to the EBA about the relationship between Art 69 and 123(3).
The proprietor’s point of view
The proprietor submitted that the scope of protection of granted claim 1 must at least include the “Third Embodiment”