T0833/11 Closer or equally close ?

One of the underlying principles of the problem solution approach (or at least that’s my understanding of it) is that if an invention is non-obvious over the closest prior art, then the invention is non-obvious over any further and more remote prior art.

However, determining which prior art is the closest prior art is often the subject of discussion and quite some case law has developed on it over the years.


T0046/10 Inter partes but without the other party

This decision contains some interesting procedural aspects on opposition-appeal proceedings

In first instance opposition proceedings patent EP1488468 was revoked. The patentee filed an appeal against this decision.

Then, during the appeal proceedings the opponent withdrew its opposition. 

In paragraph 2 of the Reasons the Board summarises the legal situation which was then created (freely translated from German):


EPI Summer tutorial ::: Registration closes May 23, 2014

This is a reminder that there's only a few days left to register for the EPI summer tutorials.

For those of you who do not know, the EPI tutorial is an EQE training event that provides candidates with an opportunity to sit the A/B/C/D papers privately, send the papers to an epi tutor assigned to them and have their individual papers reviewed and discussed, in a format agreed upon between the tutor and the tutees.

In this year’s summer tutorial the Pre-Examination 2012 and 2013 and the EQE papers of the years 2010, 2011, 2012 and 2013 will be taken.


T2026/10 Disclosed, but not enabling

This decision deals with an appeal against the decision of the Examining Division.

Claim 1 of the application reads:

1.   A dispersion comprising porous inorganic oxide particles, wherein the particles have

a) a median particle size in the range of 0.05 to 3μm; and

b) porosity such that when an aqueous dispersion of the particles is dried at least 0.5 ml/g of pore volume as measured by BJH nitrogen porosimetry is from pores having a pore size of 50 nm (600 Å) or smaller.


T0317/10 Yoghurt in your hair is not inventive !

This decision deals with an opposition against a patent directed to a hair styling composition comprising, inter alia, spray dried yoghurt. According to the patent such compositions result in improved hair setting. It is furthermore mentioned that properties of hair such as manageability, shine, volume, body and elasticity are improved, too. The patent contains formulation examples, but does not provide any experimental data in support of these alleged improvements.


T0775/12 Don't be late !

This is an opposition appeal case where in first instance the opposed patent was revoked. The proprietor appealed the decision and filed several (new) requests with its statement setting out the grounds of appeal. The 1st auxiliary request is identical to the main request as was discussed during the oral proceedings. 
The opponent (respondent) did not submit any arguments in view of Article 123(2) EPC until the oral proceedings before the Board. The Board did not appreciate this and used its discretion not to admit these arguments at such a late stage in the proceedings.


T1765/13 Double patenting

This decision discusses a double patenting issue. In a divisional application the applicant apparently claimed subject matter that was already covered by the claims of a parent application. Consequently the application was refused. The applicant filed an appeal filing new claims directed to the "use" of a battery, rather than to a battery.
The Board summarises the legal situation on double patenting in case of divisional applications:
R2.3 : The Enlarged Board of Appeal observed in G 1/05 [..] : 


Update ::: Bloggers wanted !

You may have noticed activity on this website is increasing again. I would like to pick up where I left off long time ago and give the below another chance. 

So, this time for the EQE 2015 I'm looking for EQE candidates who would like to share their progress, questions, thoughts, way-of-working, experiences, frustrations or the like with readers of this website. Obviously the posts should be EQE related but other than that you are free to share what you like.



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