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2001

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    Page 215

    Citation: OJ EPO 2001, 215

    Online publication date: 26.4.2001

    INFORMATION FROM THE CONTRACTING / EXTENSION STATES
    DE Germany

    Judgment of the Bundesgerichtshof (Federal Court of Justice) dated 27 October 1998

    (X ZR 56/96) *

    Headword: "Sammelförderer" (Collecting conveyor)

    Section 14 PatG (Patent Law) 1981

    Art. 69 EPC and Protocol on Interpretation

    Keyword: "Interpretation of (European) patent - doctrine of equivalents" - "EP 095 603"

    Headnote:

    A patent has not necessarily been infringed "on the basis of its literal wording", ie using identical means, if the skilled person can arrive at the contested embodiment - not expressly mentioned in the patent's claim or description - from his common general knowledge and technical skill, and thus has the invention's teaching available without needing to go into its subject-matter, for this formulation also includes embodiments which qualify as equivalents.

    DE 1/01

     

    * Translation of official headnote of the judgment, which was published in full in Mitt. 1999, 365.

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