European Patent Office

T 0738/04 of 11.12.2008

European Case Law Identifier
ECLI:EP:BA:2008:T073804.20081211
Date of decision
11 December 2008
Case number
T 0738/04
Petition for review of
-
Application number
95306977.0
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Circuit and its method of operation
Applicant name
MICROCHIP TECHNOLOGY INC.
Opponent name
GIESECKE & DEVRIENT GmbH
Board
3.4.01
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(b) 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal R 13(3)
Keywords
Prior use (absolute conviction)
Late-filed evidence
Availability to the public (no)
Inventive step (yes)
Sufficiency of disclosure
Catchword
In a situation in which the elaboration of a norm led to a multiplicity of factual situations possibly each constituting on its own a prior use (various printed versions of the norm, multiplicity of meetings, public enquiry, etc.), the opponent should, from the outset of the opposition proceedings or ensuing appeal proceedings, have identified those situations in respect of which he will be able to produce evidence complete enough to support the desired conclusion.
It would have been unfair to allow the appellant in the course of inter partes proceedings to extend the case originally put forward in relation to one specific situation to other situations, even if these situations arose in the framework of one and the same general elaboration process (cf. Point 3.5 of the decision).

ORDER

For these reasons it is decided that:

The appeal is dismissed.