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
- IPC class
- G06K 19/073G07F 7/08
- 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
- 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.