by Daniel X. Thomas
The patent relates to an insert for a wind turbine blade
Brief outline of the case
The patent was maintained in amended form according to AR33. The opponent and the patentee both appealed the decision of the OD.
For the OD cl 1 and 13 of the MR filed in opposition was infringing Art 123(2).
by Daniel X. Thomas
The patent relates to multimodal polyethylene polymers and process preparing said polymer.
Brief outline of the procedure
The MR and AR1-36 filed in reply to the opposition were considering lacking clarity. AR 37 had no problem with Art 84 or Art 123(2), but lacked N over D6=WO 2007/042216, not mentioned in the ISR established by the EPO.
by Daniel X. Thomas
The patent relates to an age-tailored nutritional composition system.
The system contains two or more nutritional compositions comprising different amounts of human milk oligosaccharides (HMOs).
The idea underlying the invention is to provide the infant with different nutritional compositions which reflect its evolving nutritional needs over time, in particular at different ages.
by Daniel X. Thomas
As the board formulated it, the “patent relates to the field of sexual paraphernalia, in particular to a sexual stimulation device dimensioned to be worn by a female during intercourse”.
Brief outline of the case
During procedure before grant, a number of patent and non-patent documents were first cited anonymously by a third party.
by Daniel X. Thomas
The patent relates to a lower profile for a balcony railing.
Brief outline of the procedure
The OD decided that the amendments made to the MR and AR 1 and contravened Art 123(2).
The patent was thus revoked by the OD and the proprietor appealed the decision.
The proprietor requested that the decision under appeal be set aside and that the patent be maintained in amended form based on the MR or AR 1 to 5,