“The Boards of Appeal have developed consistent jurisprudence on the conditions under which an appeal may be rejected as inadmissible for lack of adequate substantiation. This includes the following principles:
(a) If the admissibility requirements are fulfilled in respect of at least one request, the appeal as a whole is admissible (Case Law of the Boards of Appeal [CLB], 9th edition 2019, V.A.2.6.3, third paragraph).
(b) It is not an absolute requirement for admissibility that the appellant should attack the contested decision as flawed. Where amended claims are filed, an appeal [by an applicant or patentee] may also be admissible if sufficient reasons are given in the statement of grounds why the amendments are considered apt to remedy the deficiencies identified by the opposition division (CLB, supra, V.A.2.6.5.c)).
(c) Whether the appellant's arguments are convincing or likely to be successful is irrelevant for the purposes of determining the admissibility of the appeal (CLB, supra, V.A.2.6.2, first paragraph, final sentence, and 2.6.6).”
(a) If the admissibility requirements are fulfilled in respect of at least one request, the appeal as a whole is admissible (Case Law of the Boards of Appeal [CLB], 9th edition 2019, V.A.2.6.3, third paragraph).
(b) It is not an absolute requirement for admissibility that the appellant should attack the contested decision as flawed. Where amended claims are filed, an appeal [by an applicant or patentee] may also be admissible if sufficient reasons are given in the statement of grounds why the amendments are considered apt to remedy the deficiencies identified by the opposition division (CLB, supra, V.A.2.6.5.c)).
(c) Whether the appellant's arguments are convincing or likely to be successful is irrelevant for the purposes of determining the admissibility of the appeal (CLB, supra, V.A.2.6.2, first paragraph, final sentence, and 2.6.6).”
- “ an appeal is not necessarily rendered inadmissible by an appellant-proprietor filing amended claims, and defending the patent solely on the basis of claims as amended in the grounds of appeal”
- “The mere absence of any admissible request from an appellant-proprietor does not constitute per se a sufficient reason that automatically renders the appeal inadmissible, but rather could lead to a dismissal of such appeal.”
- In the case at hand, the appeal of the patentee is found to be admissible. However, the sole claim request is not admitted into the proceedings and the appeal is dismissed.
decision text omitted.
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