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Case Law of the Boards of Appeal

 
 
C
Calculation of time limits, III.D.1
Extension of periods under Rule 132 EPC, III.D.1.2
Extension of time limits - holidays, III.D.1.3
Extension of time limits - interruption in delivery of mail, III.D.1.3
Statutory periods of grace and fee payments, III.D.1.4
Categories of claims, II.A.3.7
Change 
~ of claim category - amendments, II.E.2.4
~ of date of filing, IV.A.5.6
~ of representative and late submission, IV.C.1.4.6.e
~s to Implementing Regulations - divisional applications, II.F.2.4.1
Characterisation of a product by a parameter, II.A.3.5
Chemical compounds - reproducibility, II.C.5.6.9
Chemical inventions, I.C.5, I.D.9.8
Amorphous forms as compared to crystalline forms, I.D.9.8.5
Broad claims, I.D.9.8.3
Intermediate products, I.D.9.8.4
Novelty of chemical compounds, I.C.5.1
Problem and solution approach, I.D.9.8.1
Selection of parameter ranges, I.C.5.2
Structural similarity, I.D.9.8.2
Claims, II.A
Additional search - amended ~, IV.E.4.4.7
Amended ~ after arrangement of the oral proceedings, IV.E.4.2.2
Amended ~ filed during the oral proceedings, IV.E.4.2.3
Amended ~ in appeal proceedings, IV.E.4
Amended ~ in appeal proceedings - Rules of Procedure of the Boards of Appeal, IV.E.4.1.2
Amended ~ not examined at first instance, IV.E.4.3
Amended ~ without amended description, III.C.3.2
Broad ~, I.C.3.8, II.A.3.3
Broad ~ - sufficiency of disclosure, II.C.6.1.4
Broad ~ in chemical inventions, I.D.9.8.3
Categories of ~, II.A.3.7
Amendments filed in response to communication under Rule 71(3) EPC, IV.B.3.3.4
Non-payment of ~, IV.B.3.7.2
Number of claims, II.A.8.1
Refund of ~, II.A.8.2
~ on computer programs, I.A.2.4.4
Computer programs recorded on the medium, I.A.2.4.4.a
Exclusion of computer programs, I.A.2.4.4.b
~ supported by the description, II.A.5
Description - amended claims, II.A.5.3
Clarity in opposition proceedings, II.A.1.4
Clarity of ~, II.A.3
Clear allowability of amended ~, IV.E.4.4.2
Conciseness of ~, II.A.2
Content of ~, II.A.2
Converging or diverging versions of ~, IV.E.4.4.4
Dependent ~, IV.E.4.4.8
Dependent ~ - sub-claims, IV.D.4.4.1
Dependent ~ - unity of invention, II.B.2.2
Description and drawings to interpret, II.A.6.3
Disclaimer, II.A.4
Discretion to admit amended ~, IV.E.4.4.5
Essential features, II.A.3.2
Form of ~, II.A.2
Formulation of ~ and industrial application, I.E.2.3
Functional features, II.A.3.4
Independent ~, IV.D.4.4.2
Independent ~ - unity of invention, II.B.2.1
Independent ~ per category, II.A.2.2
Interlocutory revision - amended ~, IV.E.4.3.3.e
Interpretation of ~, II.A.6
Markush ~, II.B.5.3
Meaning of terms in ~, II.A.6.2
New ~ in oral proceedings and right to be heard, III.B.2.1.1
Non-attendance at oral proceedings - amended ~ without amended description, III.C.3.2
Non-medical use ~, I.C.6.3.2
Number of ~, II.A.2.3
One-part or two-part ~, II.A.2.1.1
Product ~ for plants, I.B.3.3.3
Product-by-process ~, II.A.7
Reach-through ~ - reproducibility, II.C.5.5
Reinstating broader ~ in appeal proceedings, IV.E.4.5
Remittal following substantial amendment to ~, IV.E.7.3
Response to objections - amended ~, IV.E.4.4.3
Resubmission of amended ~ withdrawn, IV.E.4.3.2.c, IV.E.4.3.3.c
Rules of Procedure of the Boards of Appeal - amended ~ in appeal proceedings, IV.E.4.1.2
Sufficiency of disclosure - broad ~, II.C.6.1.4
Technical features, II.A.1.3
Two-part ~, II.A.2.1.2
Unity of invention - dependent ~, II.B.2.2
Unity of invention - independent ~, II.B.2.1
Unspecified features, II.A.3.6
Clarity 
~ and completeness, II.C.4
Indication of at least 'one way', II.C.4.2
Invention to be performed over whole range claimed, II.C.4.4
Parameters - sufficiency of disclosure, II.C.4.5
~ in opposition proceedings, II.A.1.4
~ of a claim relating to diagnostic methods, I.B.4.5.1.d
~ of claims, II.A.3
Broad claims, II.A.3.3
Categories of claims, II.A.3.7
Characterisation of a product by a parameter, II.A.3.5
Essential features, II.A.3.2
Functional features, II.A.3.4
Unspecified features, II.A.3.6
Clear allowability of amended claims, IV.E.4.4.2
Closest prior art - inventive step, I.D.3
Improvement of a production process for a known product, I.D.3.5
Old prior art documents as closest prior art, I.D.3.6
Same purpose or effect, I.D.3.2
Selection of most promising starting point, I.D.3.4
Similarity of the technical problem, I.D.3.3
Closure of the substantive debate in appeal proceedings, IV.E.6.1
Decision taken as the file stands, IV.E.6.1.1
Code of Professional Conduct, V.4
Advertising, V.4.3
Professional obligations, V.4.1
Professional secrecy, V.4.2
Combination 
~ inventions - inventive step, I.D.9.2
~ of documents - inventive step, I.D.9.7
~ of teachings - inventive step, I.D.9.3
~s within a prior art document, I.C.3.2
Commercial agreements, I.C.1.9.8.g
Commercial success, I.D.10.5
Common general knowledge, I.C.1.6
Definition of ~, I.C.1.6.1
Priority, II.D.2.1.4
Communication 
~ from the examining division, IV.B.2.6
~ under Article 15(1) RPBA prior to oral proceedings, III.C.4.3
Company in receivership, IV.E.2.4.1.d
Comparative experiments and right to be heard, III.B.1.3.3
Comparative tests, I.D.10.9
Competence 
~ of the board in its original composition - suspected partiality, III.J.7.1
~ of the boards of appeal in the former protest proceedings, VI.A
~ of the Receiving Section - corrections, IV.A.5.5.3
~ to correct a decision, III.L.3
~ to decide on reimbursement of appeal fee, IV.E.8.4.2
Complaints about the conduct of the examination - European qualifying examination, V.2.6.5
Complexity of new subject matter and late submission, IV.C.1.4.1.b
Composition - examining division, III.K.2.1
Composition - opposition division, III.K.2.2
Computer programs - technical character of the invention, I.A.2.4.3
Methods performed by a computer, I.A.2.4.3.e
Technical effect on a physical entity, I.A.2.4.3.b
Computer programs recorded on the medium, I.A.2.4.4.a
Computer-generated presentations in oral proceedings, III.C.4.7
Computer-implemented inventions, I.A.2.4
Claims on computer programs, I.A.2.4.4
Computer programs - technical character of the invention, I.A.2.4.3
Patentability of computer programs, I.A.2.4.2
Skilled person in the case of ~, I.D.8.1.4
Comvik approach - technical inventions, I.A.1.4.3.b
Conciseness of claims, II.A.2, II.A.2.3
Form of claims, II.A.2.1
Independent claims per category, II.A.2.2
Number of claims, II.A.2.3
Conference - postponement of oral proceedings, III.C.4.1.3.c
Conferences and availability to the public, I.C.1.9.8.f
Confidential prior art and inventive step, I.D.3.4.5
Consent to amendments under R. 137(5) EPC, IV.B.5.4
Amendments without affecting unity of invention, IV.B.5.4.1
Features from the description not searched, IV.B.5.4.3
Consolidation of proceedings in examination procedure, IV.B.2.2
Content of claims, II.A.2
Conciseness of claims, II.A.2.3
Form of claims, II.A.2.1
Independent claims per category, II.A.2.2
Number of claims, II.A.2.3
Content of the relevant prior art, I.C.3
Accidental disclosure, I.C.3.10
Broad claims, I.C.3.8
Combinations within a prior art document, I.C.3.2
Deficiencies in a disclosure, I.C.3.9
Drawings and novelty, I.C.3.6
Equivalents, I.C.3.5
Examples and novelty, I.C.3.7
Implicit features, I.C.3.3
Intrinsic features, I.C.3.4
Reproducibility of the content of the disclosure, I.C.3.11
Contentious inter partes proceedings - opposition procedure, IV.D.1.2
Continuation of oral proceedings on the next day, III.C.4.1.8
Continuation of the opposition proceedings after surrender or lapse of the patent, IV.C.6.2
Contradictory acts and legitimate expectations, III.A.2.3
Contribution approach - technical inventions, I.A.1.4.1.a
Converging or diverging versions of claims, IV.E.4.4.4
Correct party as to transfer of party status, IV.C.2.2.5
Correction 
~ of decision already issued, III.A.2.5
~ of deficiencies in the request for re-establishment of rights, III.E.3.5
~ of designation of applicant, IV.A.5.2.2
~ of designation of states, IV.A.7.3
~ of errors in divisional applications, II.F.3.3
~ of errors in documents, II.E.4
~ of minutes of oral proceedings, III.C.4.8.3
~ of priority documents, IV.A.8.2
Correction of priority declarations, IV.A.8.2.2
~ of the withdrawal of patent application, IV.B.3.8.2
~s of errors in decisions, III.L
Competence to correct a decision, III.L.3
Errors in the printed version of the European patent specification, III.L.2
~s under Rule 139 EPC of the date of filing, IV.A.5.5
Competence of the Receiving Section - corrections, IV.A.5.5.3
Costs fixing, IV.C.7.3.3.b
Costs of oral proceedings, III.C.5
Apportionment of costs - oral proceedings, III.C.5.1
Could-would approach - inventive step, I.D.5
Court of Justice of the European Union, VII.1.4
Courtesy service and legitimate expectations, III.A.2.2
Cross-check and re-establishment of rights, III.E.4.4.3