T 1127/16 (Aircraft communication method/BOEING) of 18.02.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T112716.20210218
- Date of decision
- 18 February 2021
- Case number
- T 1127/16
- Online on
- 29 March 2021
- Petition for review of
- -
- Application number
- 06077126.8
- IPC class
- H04B 7/185
- 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
- -
- Application title
- Multi-network aircraft communication systems and methods
- Applicant name
- The Boeing Company
- Opponent name
- Airbus SAS
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 123(2)European Patent Convention Art 123(3)
- Keywords
- Added subject-matter - main, 1st and 4th to 13th auxiliary requests (yes): unallowable limitation
Extension of protection conferred - 2nd and 3rd auxiliary requests (yes): "inescapable trap"
Referral to the Enlarged Board - inescapable trap (no): not required and no divergence - Catchword
- (1) With respect to the assessment of compliance with Article 123(2) EPC, the fact that a claim of a patent is to be construed by a mind willing to understand and not a mind desirous of misunderstanding does not mean that the description and the drawings have automatically to be consulted when an "ambiguous" feature (i.e. a feature which at least theoretically allows more than one interpretation) occurs in the claim, or where the claim as a whole includes one or more inconsistencies, to resolve that ambiguity or inconsistency. Rather, the claim should essentially be read and interpreted on its own merits (see points 2.6.1 and 2.6.2 of the Reasons).
(2) As to the issue of an "inescapable trap", see point 4 of the Reasons.
Order
For these reasons it is decided that:
The appeal is dismissed.