05 December 2024

T 1741/21 - A remittal in patent year 20

Key points

  •  The PCT application was filed in 2004, EPO was ISA, IPER drawn up by the EPO as IPEA, EP entry 2005, search report in 2008 with a Communication  [search report issued after an invitation under a Rule 112 EPC 1973 in 2006, see here], second communication Examining Division in 2013, summons in 2016 (after some voluntary amendments by the applicant), refusal in 2016, appeal decision in 2018 remitting to the Examining Division, grant in 2019, decision OD in 2021 rejection all sets of claims (claim requests) under Art. 100(c) due to intermediate generalision.
  • The Board reverses on Art. 100(c) EPC and remits the case to the OD.
EPO 
The link to the decision can be found after the jump.


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