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)
- Download
- Decision in English
- 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
- -
- Relevant legal provisions
- European Patent Convention Art 52 1973European Patent Convention Art 56 1973European Patent Convention Art 87(1) 1973
- 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).
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.