by Daniel X. Thomas
Brief outline of the case
The OD revoked the patent and the proprietor appealed.
The OD found that the opposition was admissible and that the claimed subject-matter did not involve an inventive step.
The board held the opposition admissible and confirmed the revocation.
The board refused a request for enlargement by at least one additional legally qualified member.
by Daniel X. Thomas
Brief outline of the case
The patent was revoked and the proprietor appealed.
The opponent was a firm of patent attorneys.
The proprietor argued that the opponent was not a true opponent and hence the opposition was not admissible.
The board disagreed and confirmed the revocation.
The proprietor’s point of view
The proprietor submitted that the opposition filed in the name of the firm of patent representatives constituted a circumvention of the law by abuse of process in the sense of decisions G 3/97,