T 0006/81 (Electrode slide) of 17.9.1981

European Case Law Identifier: ECLI:EP:BA:1981:T000681.19810917
Date of decision: 17 September 1981
Case number: T 0006/81
Application number: 78100557.4
IPC class: -
Language of proceedings: DE
Distribution:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Siemens
Opponent name: -
Board: 3.2.02
Headnote: The division of the original Claim 1 into two parts justified the initial assumption that the features outlined in the first part (preamble) of that claim were not new in combination with one another. However, the first version of the claim could not be considered a binding statement as to the common novelty of these features. The applicant subsequently stated that he had been in error concerning the state of the art and accordingly applied to transfer one feature from the preamble to the characterising portion. The question whether the application could be allowed and what features were to be included in the preamble of an allowable Claim 1 then had to be decided in the light of the objective facts.
Relevant legal provisions:
European Patent Convention 1973 Art 56
European Patent Convention 1973 R 27(1)(d)
European Patent Convention 1973 R 29(1)(a)
Keywords: Claim amendment
Inventive step - accepted - two part form
Inventive step - accepted - preamble of claim
State of the art - error
Widening of the problem
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0584/90
T 0889/93
T 1227/10
T 2450/17

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t810006ep1.html

Date retrieved: 17 May 2021

6 references found.

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Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

General Case Law