T 0373/12 (Examination of clarity of amended claims by opposition divisions and … of 2.4.2014

European Case Law Identifier: ECLI:EP:BA:2014:T037312.20140402
Date of decision: 02 April 2014
Case number: T 0373/12
Decision of the Enlarged Board of Appeal: G 0003/14
Application number: 05851833.3
IPC class: A61F 2/78
B29C 33/40
B28B 1/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 398.179K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished v2 | Published
Title of application: NOVEL ENHANCED COATING FOR PROSTHETIC LINERS PROCESSES, PRODUCTS AND IMPROVED UMBRELLAS
Applicant name: Freedom Innovations, LLC
Opponent name: Otto Bock HealthCare GmbH
Board: 3.2.08
Headnote: -
Relevant legal provisions:
European Patent Convention Art 84
European Patent Convention Art 112(1)(a)
European Patent Convention Art 100
European Patent Convention Art 101
Keywords: Referral to the Enlarged Board of Appeal
Authorisation of opposition divisions and boards of appeal to examine clarity objections
Catchwords:

The following questions are referred to the Enlarged Board of Appeal:

1. Is the term "amendments" as used in decision G 9/91 of the Enlarged Board of Appeal (see point 3.2.1) to be understood as encompassing a literal insertion of (a) elements of dependent claims as granted and/or (b) complete dependent claims as granted into an independent claim, so that opposition divisions and boards of appeal are required by Article 101(3) EPC always to examine the clarity of independent claims thus amended during the proceedings?

2. If the Enlarged Board of Appeal answers Question 1 in the affirmative, is then an examination of the clarity of the independent claim in such cases limited to the inserted features or may it extend to features already contained in the unamended independent claim?

3. If the Enlarged Board answers Question 1 in the negative, is then an examination of the clarity of independent claims thus amended always excluded?

4. If the Enlarged Board comes to the conclusion that an examination of the clarity of independent claims thus amended is neither always required nor always excluded, what then are the conditions to be applied in deciding whether an examination of clarity comes into question in a given case?

Cited decisions:
G 0009/91
T 0301/87
T 0227/88
T 0472/88
T 0367/96
T 0420/00
T 0681/00
T 0326/02
T 0381/02
T 1459/05
T 1855/07
T 1440/08
T 0459/09
T 0409/10
Citing decisions:
T 1577/10
T 2243/11
T 0115/12

31 references found.

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EPC Articles

Offical Journal of the EPO

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law