by Daniel X. Thomas
Further to my comment of 06.04.2024 in the blog, there are recent news in this matter.
As far as EP 3 076 804 (T 439/22) is concerned, the minutes of the OP held on 10.04.2024 make clear that an interlocutory decision will be issued on 10.06.2024.
It is clear from the minutes that the board has decided a referral to the EBA on the application of Art 69 when interpreting claims in procedures before the EPO.
by Daniel X. Thomas
The patent relates to a heated aerosol generating article with thermal spreading wrap (1222-aluminium foil). The heated aerosol-generating article may comprise a plurality of elements, including the aerosol forming substrate (1020-homogenised tobacco), assembled within a wrapper, such as a cigarette paper (1060) to form a rod. The heated aerosol generating article has the form of a classical cigarette.
by Daniel X. Thomas
The application relates to “FC-region variants with improved protein A-binding” and the applicant is Hoffman-La Roche. The appeal is dealt with by board 3.3.04.
Brief outline of the case
The application EP 15 700 545.5 was refused as the applicant disapproved the text of the patent proposed by the ED in the communication under R 71(3).