European Patent Office

T 0744/99 (RDS radio system/BBC) of 15.01.2002

European Case Law Identifier
ECLI:EP:BA:2002:T074499.20020115
Date of decision
15 January 2002
Case number
T 0744/99
Petition for review of
-
Application number
90900945.8
IPC class
H04H 1/00
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Improvements to RDS radio system
Applicant name
BRITISH BROADCASTING CORPORATION
Opponent name
Interessengemeinschaft für Rundfunkschutzrechte GmbH
Schutzrechtsverwertung & Co. KG
Board
3.5.01
Headnote
-
Keywords
Entitlement to claimed priority - main request (no)
Inventive step - main request (no), first auxiliary request (yes)
Catchword
For the subject-matter of a claim to be derivable "directly and unambiguously, using common general knowledge, from the previous application as a whole" in accordance with opinion G 0002/98 of the Enlarged Board of Appeal, such subject-matter must not be novel with respect to the disclosure of the priority document. The application of common general knowledge can only serve to interpret the meaning of a technical disclosure and place it in context; it cannot be used to complete an otherwise incomplete technical disclosure (see point 4 of the reasons).
Citing cases
T 1150/00T 0030/01

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the first instance with the order to maintain the patent as amended in the following version:

Claims 1 to 7 according to the first auxiliary request received during the oral proceedings, with description and drawings as granted.