T 1879/21 - For inducing smoltification
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23h ago
Key points Claim 1 is directed to "A fish feed for inducing smoltification of Salmonidae" "The patent is concerned with the provision of fish feed that induces smoltification of Salmonidae. This family of fish includes Atlantic salmon and rainbow trout. Salmonids in freshwater which decide to migrate to seawater undergo a physiological process called smoltification. Smolt refers to a salmon fish in freshwater ready for migration to seawater" "To meet the requirements of sufficiency of disclosure, an invention has to be disclosed in a manner sufficiently clear and complete for it to be carried ..read more
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T 0498/22 - Late filed late-filed objection
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23h ago
Key points The Board, in translation: " The appellant argued for the first time in the oral hearing that auxiliary request 1 should have already been submitted in the first instance [and was therefore inadmissible]."  The Board: " First of all, it should be noted that, according to Article 13(2) RPBA 2020, such a request for non-admission, which was only submitted during the oral hearing, is generally not to be taken into account. The response to the appeal with the auxiliary requests was submitted in August 2022. The summons to the oral hearing with the chamber's pre ..read more
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T 1660/22 - Disclosed disclaimer, and lacking rejoinder
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6d ago
Key points The OD found the claims as granted to be allowable.  The opponent appeals. The Board arrives at AR-5, filed before the OD and resubmitted by the patentee/respondent in their reply to the appeal. AR-5 specifies the absence of a catalyst in the claimed process. " The subject-matter of claim 1 contains a (disclosed) disclaimer. The question to be assessed is whether the remaining claimed subject-matter was directly and unambiguously disclosed in the application as filed (G 2/10 ...)"  " The original disclosure also contained the method for producing HFSI without a catal ..read more
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T 0223/23 - Product claims based on inventive preparation method
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1w ago
Key points Application filed in 2021, appeal decision on the grant on 08.01.2024. Things could be improving. "Claim 1 of the main request related to: "A trace element solution, which comprises at least the following metals: (a) zinc in a concentration of at least 60mg/ml; (b) manganese in a concentration of at least 10mg/ml; (c) selenium in a concentration of at least 5mg/ml; and (d) copper in a concentration of at least 15mg/ml; and which comprises a concentration of the metals of at least 90 mg/ml." "The application relates to a solution containing trace elements useful for administration ..read more
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T 1845/21 - CPA is a set of features disclosed in combination; multiple CPA
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1w ago
Key points "The specific starting point for assessing inventive step is normally a set of features disclosed in combination in a document, e.g. an embodiment or example." " For assessing inventive step it is necessary to establish the distinguishing features over that specific starting point and assess whether it was obvious to arrive at the claimed subject-matter when starting from that specific point (T 1287/14, Reasons 5.2.1)." Disclosure, however, can be implicit. D3, Example 3 is the closest prior art. "The combination of all these features (toddler milk of example 3, which in view of th ..read more
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T 0298/20 - Specific for sufficiency, specific for inventive step
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1w ago
Key points The claim is a second medical use claim. "D6 (points 1 and 3) is a draft of the guidelines proposed by a group of experts consulted by the FAO and the WHO for evaluating the use of therapeutic probiotics in food. In the first paragraph of point 3.1, D6 underlines the importance of identifying probiotic strains because, according to the available evidence, the effect of probiotics on health is strain specific. " For sufficiency: "It follows from D6 and D7 that on the filing date it was generally accepted that the health benefit provided by a probiotic was strain specific. Only ..read more
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T 1628/21 - Claim interpretation
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2w ago
Key points "The question ... arises as to the extent to which the description and drawings can be used to interpret the claims. Neither Article 69 nor its Protocol explicitly addresses this topic. Nevertheless, the principle of primacy of the claims seems to exclude the use of the description and drawings for limiting the claims if an interpretation of the claim in the light of common general knowledge already leads to a technically meaningful result. Similarly, the principle, established by case law, according to which "limiting features which are only present in the description and not in t ..read more
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T 0433/21 - (II) Habermas and the Enlarged Board
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2w ago
Key points  The Board, in this case, decided to refer no questions to the Enlarged Board. "The Board agrees [with the appellant] that the issue is relevant to the specific case at hand, but not to the European patent system in general." "As an additional consideration, the Board notes that the above criteria for a referral as set out in G 1/12 were written from the perspective of the body to whom the case was referred (the Enlarged Board of Appeal) and concerned the question of admissibility of the referral. From the point of view of the referring Board, admissibility of a referral is of ..read more
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T 0712/21 - The inherent limitations of technical language
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2w ago
Key points Claim 1 of this examination appeal is directed to "1. A process for producing biofuel or biofuel components, comprising:  .... wherein the feed material is contacted, in at least one catalyst bed..., with a combination of hydrodeoxygenating (HDO) and hydrodewaxing (HDW) catalysts" " The examining division argued that Article 84 EPC was not satisfied because the invention was defined in terms of a result to be achieved, namely hydrodeoxygenation (hereinafter "HDO") and hydrodewaxing (hereinafter "HDW") steps, for which no indication was given as to the extension ..read more
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T 0053/22 - Bonus effects
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2w ago
Key points "The invention relates to a manufacturing method of a turbine wastegate." "A turbine wastegate is a valve []. It includes a wastegate seat, a plug, an arm connected to the plug, a shaft, [and] a control arm at the opposite end of the shaft." "The invention aims at improving fit of the plug to the arm, shaft and wastegate seat for reducing leakage. With this aim the assembly process includes welding of the arm to the plug in a closed position against the seat in the turbine housing. Such a method reduces clearances and customizes fit of the plug". The method specifies a step of "app ..read more
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