T 1363/12 () of 12.12.2014

European Case Law Identifier: ECLI:EP:BA:2014:T136312.20141212
Date of decision: 12 December 2014
Case number: T 1363/12
Application number: 04254686.1
IPC class: D06F 39/12
D06F 39/14
Language of proceedings: EN
Distribution: B
Download and more information:
Decision text in EN (PDF, 363.544K)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Reinforcement for the top plate of a drum washing machine
Applicant name: Samsung Electronics Co., Ltd.
Opponent name: -
Board: 3.2.06
Headnote: -
Relevant legal provisions:
European Patent Convention Art 123(2)
Rules of procedure of the Boards of Appeal Art 13(1)
Guidelines for examination in the EPO H-IV, 2(3)
Keywords: Amendments of application
Amendments - allowable (no)
Late-filed auxiliary requests - request clearly allowable (no)

The fundamental test under Article 123(2) EPC remains the "gold" standard referred to in G 2/10, namely, what would a skilled person directly and unambiguously derive, using common general knowledge, and seen objectively and relative to the date of filing, from the whole of the original disclosure.

The decision in T 2619/11 did not lay down a different test, namely, of what was "really disclosed" to the skilled person.

Decisions on Article 123(2) EPC are very case-specific and care should be taken in applying statements of Boards of Appeal made in the context of particular factual situations to other factual situations.

See point 1.2 of the Reasons.

Cited decisions:
G 0001/93
G 0002/10
T 2619/11
Citing decisions:
T 0938/11

8 references found.

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EPC Articles

Offical Journal of the EPO

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

Case Law Book: III Amendments

Case Law of the Enlarged Board

General Case Law