Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided…
Claim 1 of the opposed patent had a limitation to a range of values with a lower bound that was slightly higher than disclosed in the priority document. The Board refused to recognize priority. As…
The Board considered whether the introduction of the EPC 2000 raised the requirements for a notice of appeal to be admissible. Rule 99(1)(c) EPC 2000 requires that the notice of appeal contains 'a…
1. The Enlarged Board of Appeal considered the meaning that is to be given to the exclusion of patents on methods for ‘treatment by surgery’ (Article 53(c) EPC). The current construction used by the…
In this case the board ruled that a claimed measurement method was excluded as a method of treatment by therapy under Article 53(c) EPC because it encompassed administering a compound that could have…
A claim violates Article 123(2) EPC when an added claim term has two reasonable interpretations, one of which violates article 123(2) EPC. An amendment selecting the interpretation that does not…
The Board reversed a refusal of the patent application for lack of technical contribution. The underlying decision had expressed the view that the idea of making chance encounters depend on time was…
