T 0404/03 (Doubles detection/CUMMINS-ALLISON) of 12.07.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T040403.20060712
- Date of decision
- 12 July 2006
- Case number
- T 0404/03
- Petition for review of
- -
- Application number
- 93913952.3
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method and apparatus for currency discrimination and counting
- Applicant name
- CUMMINS-ALLISON CORPORATION
- Opponent name
- GIESECKE & DEVRIENT GmbH
- Board
- 3.5.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973
- Keywords
- Allowable generalisation - all requests (no)
Deletion of features - essentiality test - Catchword
- In the present Board's view, the cases of deletion of features and addition of features should be distinguished with respect to allowability of amendments under Article 123(2) EPC since the former only removes elements that have been originally disclosed and hence may be judged by a skilled person to be inessential to the invention, whereas the latter adds new elements lacking any basis whatsoever in the original disclosure (see points 10 to 12 of the reasons).
ORDER
For these reasons it is decided that:
The appeal is dismissed.