T 0187/91 (Light source) of 11.03.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T018791.19930311
- Date of decision
- 11 March 1993
- Case number
- T 0187/91
- Petition for review of
- -
- Application number
- 84306418.9
- IPC class
- H01S 3/06
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Fiber optic amplifier
- Applicant name
- Leeland Stanford University
- Opponent name
- -
- Board
- 3.4.01
- Headnote
A specific example within a generic disclosure forming part of the description of the invention in an application as filed is part of the content of the application as filed for the purpose of Article 123(2) EPC if the skilled reader would seriously contemplate such specific example as a possible practical embodiment of the described invention, having regard to its context in the remainder of the application as filed, and subject to any understanding of the skilled reader to the contrary.
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 93 1973
- Keywords
- Amendments
Extension of protection before grant
Amended subject-matter within content of the application as filed
Added subject-matter - Catchword
- -
- Cited cases
- -
ORDER
For the above reasons, it is decided that:
1. The decision of the Examining Division is set aside.
2. The appeal is allowed.
3. The case is remitted to the first instance with an order to grant a patent on the basis of claim set A filed as the main request with the Statement of Grounds of Appeal filed on 24 January 1991.