| European Case Law Identifier: | ECLI:EP:BA:2015:T200112.20150129 | ||||||||
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| Date of decision: | 29 January 2015 | ||||||||
| Case number: | T 2001/12 | ||||||||
| Application number: | 08764638.6 | ||||||||
| IPC class: | H01L 29/06 H01L 29/788 H01L 29/792 H01L 21/28 H01L 21/336 H01L 29/423 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | B | ||||||||
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| Title of application: | MEMORY DEVICE AND ITS READING METHOD | ||||||||
| Applicant name: | National Institute of Advanced Industrial Science and Technology |
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| Opponent name: | - | ||||||||
| Board: | 3.4.03 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Sufficiency of disclosure - (yes) Claims - essential features Claims - relationship between Article 83 and Article 84 Claims - clarity - main request (yes) |
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| Catchwords: |
An objection of insufficient disclosure under Article 83 EPC 1973 cannot legitimately be based on an argument that the application would not enable a skilled person to achieve a non-claimed technical effect (point 3.4). A doubt that the invention as claimed is capable of solving the problem defined in the application may have the following consequences: a) If the question arises because the claim fails to specify those features which are disclosed in the application as providing the solution to the problem, then the description and claims are inconsistent in relation to the definition of the invention, and an objection under Article 84 EPC 1973 may properly arise that the claims do not contain all the essential features necessary to specify the invention. b) If this is not the case, but, having regard to the prior art, and irrespective of what may be asserted in the description, it does not appear credible that the invention as claimed would actually be capable of solving the problem, then an objection under Article 56 EPC 1973 may be raised (point 4.4). |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t122001eu1.html
Date retrieved: 17 May 2021