T 1363/12 of 12.12.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T136312.20141212
- Date of decision
- 12 December 2014
- Case number
- T 1363/12
- Petition for review of
- -
- Application number
- 04254686.1
- IPC class
- D06F 39/14D06F 39/12
- 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
- Reinforcement for the top plate of a drum washing machine
- Applicant name
- Samsung Electronics Co., Ltd.
- Opponent name
- -
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)Guidelines_H-IV, 2(3)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Amendments of application
Amendments - allowable (no)
Late-filed auxiliary requests - request clearly allowable (no) - Catchword
- The fundamental test under Article 123(2) EPC remains the "gold" standard referred to in G 2/10, namely, what would a skilled person directly and unambiguously derive, using common general knowledge, and seen objectively and relative to the date of filing, from the whole of the original disclosure.
The decision in T 2619/11 did not lay down a different test, namely, of what was "really disclosed" to the skilled person.
Decisions on Article 123(2) EPC are very case-specific and care should be taken in applying statements of Boards of Appeal made in the context of particular factual situations to other factual situations.
See point 1.2 of the Reasons. - Citing cases
- T 0938/11
Order
For these reasons it is decided that:
The appeal is dismissed.