T 2058/18 (Predicting bending durability/YAZAKI) of 23.04.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T205818.20210423
- Date of decision
- 23 April 2021
- Case number
- T 2058/18
- Petition for review of
- -
- Application number
- 03775909.9
- IPC class
- G06F 17/50
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- METHOD FOR PREDICTING BENDING DURABILITY OF ELECTRIC WIRE AND BEND PROTECTION MEMBER, AND APPARATUS AND RECORDING MEDIUM STORING PROGRAM THEREFOR
- Applicant name
- YAZAKI CORPORATION
- Opponent name
- -
- Board
- 3.5.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 83European Patent Convention R 139Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Amendments - main request -correction of errors (no)
Sufficiency of disclosure - first auxiliary request (no)
Late-filed second and third auxiliary requests - requests could have been filed in first instance proceedings (yes) - Catchword
- It is the responsibility of the representative to consult with its client (appellant) when presenting arguments about essential distinguishing features of the invention over the closest prior art. It is however the ultimate responsibility of the appellant to file amendments. Generally, these distinguishing features, presented as essential ones, could not anymore be considered as being obvious errors afterwards (Reasons, 3.5.6);
The disclosure of a family member of a document cited in an application can not be used to dispel doubts as to the meaning of an ambiguous part of the application (Reasons 3.13.1);
the (technically) skilled person might be considered a multilingual person but not normally a linguist (Reasons 3.13.7). - Citing cases
- T 1207/21
Order
For these reasons it is decided that:
The appeal is dismissed.