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.
CASELAW-EPO - reviews of EPO Boards of Appeal decisions
T 1444/20 – No need to adapt the description at grant
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.
T 2990/18 – Correction of an error under R 139 and amendment to a party’s case under Art 13(1) RPBA20
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, that the filing was prompted by an obvious error by mistakenly including certain features in claim 3 of its previous AR 1 to 4 and 6 to 8 of 17 July 2019 and,
Combination of granted claims – What is going on at the boards of appeal?
Reminder – Before opposition divisions
It should be kept in mind that before an opposition division combining claims as granted even during oral proceedings is not considered late but is rather considered admissible as the opponent cannot be surprised with such a combination
T 1267/14
A combination of granted claims is admissible and the discretion of the opposition division was correctly exercised.
T 2526/19-OP by ViCo-Art 15a RPBA-Common general knowledge asserted by a BA without any evidence
The present decision is interesting for two aspects:
- Holding OP in the form of a ViCo in the future and discretion given to the BA in Art 15a(1) RPBA20.
- Common general knowledge without any evidence but the personal knowledge of members of the BA.
OP by ViCo
In view of the pandemic developments and the resulting high incidences in Bavaria at the relevant time (21.03.2022),