| European Case Law Identifier: | ECLI:EP:BA:1991:T040990.19910129 | ||||||||
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| Date of decision: | 29 January 1991 | ||||||||
| Case number: | T 0409/90 | ||||||||
| Application number: | 85101755.8 | ||||||||
| IPC class: | H01L | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Avalanche photodiodes | ||||||||
| Applicant name: | Fujitsu | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.4.01 | ||||||||
| Headnote: | I. The invention which is the subject of the priority document has to be determined from a consideration of the priority document as a whole, as read by a skilled person (cf. point 2.3(a) of the Reasons for the Decision). II. When considering what is disclosed by a claim of a priority document it is relevant that the purpose of the claim is to define the protection which is sought. The fact that a claim in a priority document is broad enough to cover specific subject- matter claimed for the first time in a European patent application cannot by itself be sufficient evidence that such subject-matter has already been disclosed in the priority document so as to establish identity of invention for the purpose of claiming priority under Article 87 EPC (cf. point 2.3(a) of the Reasons for the Decision). |
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| Keywords: | Right to priority (no) Different inventions Inventive step (no) Arbitrary dimensioning on the basis of known effects |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t900409ex1.html
Date retrieved: 17 May 2021
10 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)