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Case Law of the Boards of Appeal

 
 
4.8.2 No recording of statements for use in subsequent national proceedings

According to T 928/98, T 263/05 (OJ 2008, 329), T 550/04, T 71/06, T 61/07, and T 916/09 it is not the function of the minutes to record statements which a party considers will be of use to it in any subsequent proceedings in national courts, for example in infringement proceedings as to the extent of protection conferred by the patent in suit. This is because such statements are not "relevant" to the decision which the board has to take, within the meaning of R. 124(1) EPC. Such matters are within the exclusive jurisdiction of the national courts. On this basis the board in T 550/04 concerning the opponent's request to record in the minutes that the expression "oxygen-free atmosphere" in claim 1 had the meaning of "completely oxygen-free atmosphere" stated that this statement would not have an impact on the definition of the subject-matter of the patent for the questions the board had to decide and was thus not proper subject-matter for the minutes. The board therefore refused the request. Concerning requests for incorporation of statements of parties in the minutes, see also T 966/99, T 468/99, T 957/99, T 459/01.