Updates on EPC, PCT, EPO case law and the e-EQE

T 26/22 – On the application of Art 13(2) RPBA when deleting claims offending Art 123(2)

by Daniel X. Thomas

26 Feb. 2025 0 comments 6 minutes CASELAW-EPO

EP 2 900 191 B1 relates to a disposable absorbent article with extensive and retractable core.

Brief outline of the case

Claim 1 as granted infringed Art 123(2). The patent was maintained according to AR1.
Both proprietor and opponent appealed.

Collapse Amendment to a party's case in appeal / Change of legal and factual framework / Deletion of claims

by Daniel X. Thomas

16 Feb. 2024 4 comments 4 minutes CASELAW-EPO

The patent relates to a curved vehicle windshield made from laminated glass, so as to avoid double images in a Head-Up Display.

Brief outline of the case

The opposition was rejected and the opponent appealed.

The board held that claim 1 as granted lacked IS over D1=US 6,414,796 + D2=US 5,013,134,