Key points
- "In the auxiliary requests, several amendments are made and differently combined. The individual amendments are:
Amendment A1 concerns feature 1.2.2:
"a leaflet assembly (102) mounted on and positioned within the frame (104), [...]" [the PDF file of the decision uses funderlining to show the amendments)
Amendment A2 also concerns feature 1.2.2:
"[...] a plurality of leaflets (106) that are connected to each other at commissure tabs to form commissures of the leaflet assembly (102);"
Amendment A3 adds ...
[...] Amendment A5' is based on corrected amendment A5 and also submitted as an alternative to A5. [...]
Additionally claims 2, 3, 6 and 11 to 14 as granted are deleted. - Auxiliary request 1 includes amendment A1.
Auxiliary request 2 includes amendment A2.
Auxiliary request 3 includes amendment A3.
Auxiliary request 4 includes amendment A4.
Auxiliary request 5 includes amendment A5.
Auxiliary request 6 includes amendments A1 and A2.
Auxiliary request 7 includes amendments A1 and A3.
Auxiliary request 8 includes amendments A1 and A4.
Auxiliary request 9 includes amendments A1 and A5.
Auxiliary request 10 includes amendments A1, A2 and A3.
Auxiliary request 11 includes amendments A1, A3 and A4.
Auxiliary request 12 includes amendments A1, A2, A3 and A4.
Auxiliary request 13 includes amendments A2 and A3.
Auxiliary request 14 includes amendments A2 and A4.
Auxiliary request 15 includes amendments A2, A3 and A4.
Auxiliary request 16 includes amendments A2, A3, A4 and A5.
Auxiliary request 17 includes amendments A3 and A4.
Auxiliary request 18 includes amendments A3, A4 and A5.
Auxiliary request 19 includes amendments A4 and A5.
Auxiliary request 20 includes amendments A1, A2, A3, A4 and A5.
Corrected auxiliary request 5 includes corrected amendment A5.
Corrected auxiliary request 9 includes amendment A1 and corrected amendment A5.
Corrected auxiliary request 16 includes amendments A2, A3, A4 and corrected amendment A5.
Corrected auxiliary request 18 includes amendments A3, A4 and corrected amendment A5.
Corrected auxiliary request 19 includes amendment A4 and corrected amendment A5.
Corrected auxiliary request 20 includes amendments A1, A2, A3, A4 and corrected amendment A5.
Auxiliary request 5' includes amendment A5'.
Auxiliary request 9' includes amendments A1 and A5'.
Auxiliary request 16' includes amendments A2, A3, A4 and A5'.
Auxiliary request 18' includes amendments A3, A4 and A5'.
Auxiliary request 19' includes amendments A4 and A5'.
Auxiliary request 20' includes amendments A1, A2, A3, A4 and A5'." " Auxiliary request 20' does not meet the requirements of Article 54 EPC for the same reasons as auxiliary request 16'."
" In claim 1 of all other requests (auxiliary requests 1 to 20, corrected auxiliary requests 5, 9, 16, 18 to 20 and auxiliary requests 5', 9', 18' and 19') the amendments A1 to A5 (alternatively corrected amendment A5 or amendment A5') are combined in various ways. The subject-matter of claim 1 of all of these auxiliary requests is broader than the subject-matter of claim 1 of auxiliary request 20'. As auxiliary request 20' does not meet the requirements of Article 54 EPC, also all other auxiliary requests are not allowable for the same reasons as set out in points 2 and 3 above."
EPO
The link to the decision can be found after the jump.
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