| European Case Law Identifier: | ECLI:EP:BA:1990:T078489.19901106 | ||||||||
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| Date of decision: | 06 November 1990 | ||||||||
| Case number: | T 0784/89 | ||||||||
| Application number: | 84113819.1 | ||||||||
| IPC class: | G01N 24/08 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | General Electric | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.02 | ||||||||
| Headnote: | 1. When a patent application as filed discloses explicitly a method for producing a particular effect and a plurality of mathematical expressions and pulse sequences corresponding to a suitable program, and when it also discloses implicitly a programmable apparatus by reference to a prior art document, such an apparatus when suitably programmed for carrying out the method for producing said particular effect is considered as disclosed in the application as filed in the sense of Article 123(2) EPC. 2. However, it is only this specific combination which is disclosed and not an apparatus for carrying out said method or for producing said particular effect, such an apparatus being also suitable for carrying out other methods or for producing other effects. Therefore, claims directed to such an apparatus for carrying out the method or for producing said particular effect are not allowable since a patent having such claims would contain subject-matter which extends beyond the content of the application as filed (Article 123(2) EPC). |
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| Keywords: | Disclosure of computer related apparatus Apparatus not disclosed originally (Main request and auxiliary requests No.1-5; disclosed (auxiliary request No.6) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890784ex1.html
Date retrieved: 17 May 2021
6 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)