T 0088/21 (Glass article/CORNING) of 15.11.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:T008821.20221115
- Date of decision
- 15 November 2022
- Case number
- T 0088/21
- Petition for review of
- -
- Application number
- 16751065.0
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- Abstract on EPC2000 Art 123(2)
- Application title
- GLASS ARTICLES EXHIBITING IMPROVED FRACTURE PERFORMANCE
- Applicant name
- Corning Incorporated
- Opponent name
- -
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 54(3)European Patent Convention Art 87(1)European Patent Convention Art 87(4)
- Keywords
- Priority not valid in so far as the claim covers subject-matter disclosed in an earlier application by the same applicant
Coherence with principles of claiming multiple priorities and partial priority
Undisclosed disclaimer based on a disclosure in an earlier application by the same applicant not allowed: basis for the assessment is the claim before the insertion of the disclaimer
Referral to the Enlarged Board of Appeal - (no)
Referral to the Enlarged Board of Appeal - uniform application of law - Catchword
- In view of the principles of multiple priorities and partial priority: undisclosed disclaimer based on a disclosure in an earlier application by the same applicant not allowed
- Cited cases
- G 0002/98G 0001/03G 0002/10G 0001/15G 0001/16T 0248/88T 0015/01T 1843/09T 1222/11T 0282/12T 1872/14T 0311/18
- Citing cases
- -
Order
For these reasons it is decided that:
1. The request for referral to the Enlarged Board of Appeal is refused.
2. The appeal is dismissed.