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31 March 2025

T 1418/22 - Using your failed experiments to your advantage

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Key points Claim 1 is directed to a polymorph. " It is common ground that compound (1) as prepared in example 6 of D3 is in amorphous f...
28 March 2025

T 0773/21 - An obligation to submit futile objections before the OD (?)

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Key points The OD considered D22 to be not novelty destroying for AR-2 (the OD's extensive reasoning is on pages 17 - 20 of the decision...
27 March 2025

T 1286/22 - No French style devolutive effect of appeal

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Key points The opponent appeals. The patent is granted in French to a French proprietor, with a professional representative located in Franc...
26 March 2025

T 2463/22 - (I) On evidence, the standard of proof, Re B (Children) (and Francis Bacon)

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Key points Some reflections on the standard of proof from Board 3.3.09 in this appeal about an alleged public prior uses. "The case law...
2 comments:
25 March 2025

Pending R 16/23 - The right to oral proceedings

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Key points Petition for review R 16/23 was forwarded to the Enlarged Board in a five-member composition. The petition for review concerns de...
1 comment:
24 March 2025

T 0774/22 - When room temparature is no CGK

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Key points " The board has come to the conclusion that the invention as defined in granted claim 2 is not sufficiently disclosed becaus...
21 March 2025

T 0816/22 - Even more than plausibility is required

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Key points With all the attention for G 2/21 r.74 (which requires the application as filed to make the claimed therapeutic use credible), it...