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| schestowitz | >> All in all, the tactics and tone used define who will support you and | Apr 12 00:25 |
|---|---|---|
| schestowitz | >> who you will alienate. Recently some people complained about unwanted | Apr 12 00:25 |
| schestowitz | >> emails and "doxing". | Apr 12 00:25 |
| schestowitz | > It is difficult to strike the right balance | Apr 12 00:25 |
| schestowitz | > | Apr 12 00:25 |
| schestowitz | > The bare minimum is presented to give victims some hope of legal | Apr 12 00:25 |
| schestowitz | > recourse, such as the address of the Debian Project Secretary. If he | Apr 12 00:25 |
| schestowitz | > resigns and somebody else replaces him then the site would be updated. | Apr 12 00:25 |
| schestowitz | > If Debian is properly incorporated and has an address for legal service, | Apr 12 00:25 |
| schestowitz | > that would be published there. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > But right now, it is a simple fact that Debian is not incorporated and | Apr 12 00:26 |
| schestowitz | > there are situations where people may have a legal claim, for example, | Apr 12 00:26 |
| schestowitz | > defamation that crosses the threshold of stalking or expenses not being | Apr 12 00:26 |
| schestowitz | > paid for over a year because "we're just volunteers" | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > The doxing tactics were initiated by Chris Lamb and Matthias Kirschner | Apr 12 00:26 |
| schestowitz | > in mid-2018. People did nasty LWN articles and sent emails to other | Apr 12 00:26 |
| schestowitz | > journalists begging for more articles. Most journalists are now turning | Apr 12 00:26 |
| schestowitz | > them down. They even hacked their own NM database, see attached. | Apr 12 00:26 |
| schestowitz | > Mattia tweaked the UI, that is in Git, but Zini changed the text in the | Apr 12 00:26 |
| schestowitz | > database manually to try and evade questions about it. Moreover, you | Apr 12 00:26 |
| schestowitz | > can see that they created this state of hostility without any action | Apr 12 00:26 |
| schestowitz | > from me, the date on this commit is 2018-11-28: | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > https://salsa.debian.org/nm-team/nm.debian.org/-/commit/4c5d4a631ef5f4a81be3eaaf4f953815b01694ed | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| -TechrightsBN/#boycottnovell-salsa.debian.org | dsa: also print the accountComment while warning of inconsistencies (4c5d4a63) · Commits · Debian New Member Process / nm.debian.org · GitLab | Apr 12 00:26 | |
| schestowitz | > As it is only for one person, it is clearly bullying and harassment. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > debian.community was not registered until 2019-10-23, almost a year later. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > If they will use the Debian web site, LWN and Google to attack a | Apr 12 00:26 |
| schestowitz | > volunteer like that at a time of grief, the loss of two family members, | Apr 12 00:26 |
| schestowitz | > then it is only reasonable to blow away the shadows they are hiding in. | Apr 12 00:26 |
| schestowitz | > Nobody in my situation could accept this or live with this. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > At least once a week somebody is asking me about this nonsense, for 2.5 | Apr 12 00:26 |
| schestowitz | > years now and in a very painful time for my family. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > If you or anybody else has better ideas then I am happy to listen to | Apr 12 00:26 |
| schestowitz | > them. The most recent blog has been adapted somewhat to indicate that | Apr 12 00:26 |
| schestowitz | > the information is not there forever. The blog emphasizes that it is to | Apr 12 00:26 |
| schestowitz | > be used lawfully. Having seen the way they started blackmailing Dr | Apr 12 00:26 |
| schestowitz | > Preining and I in private, I can imagine there might be other victims | Apr 12 00:26 |
| schestowitz | > out there who we don't even know about. If one of those people is | Apr 12 00:26 |
| schestowitz | > living in a cloud of shame and self-doubt from these mind games, I hope | Apr 12 00:26 |
| schestowitz | > blogs like this help them seek justice. | Apr 12 00:26 |
| schestowitz | > | Apr 12 00:26 |
| schestowitz | > Regards, | Apr 12 00:26 |
| schestowitz | https://joindiaspora.com/posts/20494316#bf198b607c7101395ded08002785b8a8 | Apr 12 00:29 |
| -TechrightsBN/#boycottnovell-@schestowitz@joindiaspora.com: "Over the years, blockchain technologies have evolved along two major lines. One continues to focus on blockchain as the underlying platform for bitcoin, as well as a wide variety of cryptoassets, such as digital tokens and cryptocurrencies." https://blog.irvingwb.com/blog/2021/04/the-intriguing-nature-of-non-fungible-tokens-nfts.html | Apr 12 00:29 | |
| schestowitz | "And the other…?" | Apr 12 00:29 |
| -TechrightsBN/#boycottnovell--> blog.irvingwb.com | Irving Wladawsky-Berger: The Intriguing Nature of Non-Fungible Tokens | Apr 12 00:29 | |
| schestowitz | All are man-made concepts... | Apr 12 00:29 |
| schestowitz | https://joindiaspora.com/posts/20494025#831c5a81-4111-474f-8c45-b447c2431683 | Apr 12 00:29 |
| -TechrightsBN/#boycottnovell-@schestowitz@joindiaspora.com: RMS attackers under the microscope http://www.tuxmachines.org/node/149083?page=1#comment-29117 | Apr 12 00:29 | |
| schestowitz | "it would be much more convenient if you post here entire articles instead of/in addition to links to it." | Apr 12 00:30 |
| schestowitz | Think of that as recorded timeline of events/responses, which matter to those who analyse the smear campaign | Apr 12 00:30 |
| -TechrightsBN/#boycottnovell--> www.tuxmachines.org | Good News! Richard Stallman is Back at Free Software Foundation | Tux Machines | Apr 12 00:30 | |
| schestowitz | https://joindiaspora.com/posts/20494028#39272b907c6801390f34480aa90439f0 | Apr 12 00:30 |
| -TechrightsBN/#boycottnovell-@schestowitz@joindiaspora.com: #surveillance as a 'feature'? https://www.maketecheasier.com/show-speed-limit-google-maps/ | Apr 12 00:30 | |
| -TechrightsBN/#boycottnovell--> www.maketecheasier.com | How to Show the Speed Limit on Google Maps - Make Tech Easier | Apr 12 00:30 | |
| schestowitz | " | Apr 12 00:30 |
| schestowitz | they disguise it as an optional feature | Apr 12 00:30 |
| schestowitz | but the people that turn it off are still tracked | Apr 12 00:30 |
| schestowitz | and that’s why it’s there | Apr 12 00:30 |
| schestowitz | " | Apr 12 00:31 |
| schestowitz | Gemini @ | Apr 12 00:39 |
| schestowitz | Techrights | Apr 12 00:39 |
| schestowitz | _________________________________________________________ | Apr 12 00:39 |
| schestowitz | 4310-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1041-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1053-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1237-2021-04-0 | Apr 12 00:39 |
| schestowitz | 6358-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1063-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1237-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1213-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1249-2021-04-0 | Apr 12 00:39 |
| schestowitz | 1177-2021-04-1 | Apr 12 00:39 |
| schestowitz | 8505-2021-04-1 | Apr 12 00:39 |
| schestowitz | 240-2021-04-1 | Apr 12 00:39 |
| schestowitz | 28683 | Apr 12 00:39 |
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| schestowitz | [05:49] <xxxxxxxxx> Have you seen RMS-themed Linux.org.ru user avatars? | Apr 12 07:50 |
| schestowitz | [05:54] <xxxxxxxxx> This one is of Harald https://www.linux.org.ru/people/Harald/profile : https://www.linux.org.ru/photos/45855:266442646.png | Apr 12 07:50 |
| schestowitz | [05:57] <xxxxxxxxx> And this one is by fornlr, a brony who despises both sides and considers SJWs a natural derivation of free software fanatics: https://www.linux.org.ru/photos/108412:-907318576.jpg | Apr 12 07:50 |
| -TechrightsBN/#boycottnovell-www.linux.org.ru | Информация о пользователе Harald | Apr 12 07:50 | |
| schestowitz | [05:58] <xxxxxxxxx> (so he is kind of neutral, the pony represents an SJW, not him) | Apr 12 07:50 |
| schestowitz | [06:01] <xxxxxxxxx> This one is by WitcherGeralt, who usually has the Witcher or someone like him https://www.linux.org.ru/photos/75820:211047465.jpg | Apr 12 07:50 |
| schestowitz | [06:03] <xxxxxxxxx> There are more: https://www.linux.org.ru/photos/161846:-1807197086.jpg https://www.linux.org.ru/photos/70105:-181904959.jpg (I guess) https://www.linux.org.ru/photos/176159:-725047766.jpg | Apr 12 07:50 |
| schestowitz | [07:49] <schestowitz> haha, nice ones... | Apr 12 07:50 |
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| schestowitz | Just to be over-verbose, https://stallmansupport.org/renata-avila-trying-to-understand-the-lynching-of-stallman.html was added to yesterday's links some time after the upload of yesterday... this is the only difference that I can see | Apr 12 07:57 |
| -TechrightsBN/#boycottnovell-stallmansupport.org | In Support of Richard Stallman - Renata Avila: Trying to Understand the Lynching of Stallman | Apr 12 07:57 | |
| Techrights-sec | 2.69 | Apr 12 07:58 |
| Techrights-sec | 3.97 | Apr 12 07:58 |
| Techrights-sec | 10.28 | Apr 12 07:58 |
| Techrights-sec | 10.81 | Apr 12 07:58 |
| Techrights-sec | 16.83 | Apr 12 07:58 |
| Techrights-sec | 27.23 | Apr 12 07:58 |
| Techrights-sec | Stopping mysqld: [ OK ] | Apr 12 07:58 |
| Techrights-sec | Starting mysqld: [ OK ] | Apr 12 07:58 |
| Techrights-sec | restarted DB | Apr 12 07:58 |
| schestowitz | As for mysql, my guess is that more cleverly crafted page requests cause very long queries to run, hammering on the DB. No way around this except blocking culprits or rate limiting. | Apr 12 07:58 |
| *rianne_ (~rianne@host81-154-169-167.range81-154.btcentralplus.com) has joined #boycottnovell | Apr 12 08:04 | |
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| Techrights-sec | If there is a way that the problem URLs could be identified in an automated | Apr 12 08:23 |
| Techrights-sec | manner then the offending source hoses could be added to nftables | Apr 12 08:23 |
| schestowitz | variations can then be attempted, so I think the eagerness of the attacker is the main issue here, or the patience. I see no issue with the DB itself. | Apr 12 08:23 |
| Techrights-sec | my monitors show no outages lately however they could be more finely tuned. | Apr 12 08:24 |
| Techrights-sec | I did see this in the SSH session recently though: | Apr 12 08:24 |
| schestowitz | http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1618215797005#c1555282739461846845 | Apr 12 10:51 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat | Apr 12 10:51 | |
| schestowitz | " | Apr 12 10:51 |
| schestowitz | With respect to the suspicion of partiality, it might be interesting to have a look at the following procedural decision in a petition case taken inter alia by the President of the Boards of Appeal: | Apr 12 10:52 |
| schestowitz | https://register.epo.org/application?documentId=E529TANX0283DSU&number=EP99900207&lng=en&npl=false | Apr 12 10:52 |
| schestowitz | " | Apr 12 10:52 |
| -TechrightsBN/#boycottnovell-register.epo.org | European Patent Register | Apr 12 10:52 | |
| schestowitz | https://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1618216964967 | Apr 12 10:52 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 12 10:52 | |
| schestowitz | " | Apr 12 10:52 |
| schestowitz | Monday, 12 April 2021 at 09:42:00 BST | Apr 12 10:52 |
| schestowitz | This seems at odds with Art. 69 EPC. Is the board now saying we can't interpret claims using the description?! | Apr 12 10:52 |
| schestowitz | Reply | Apr 12 10:53 |
| schestowitz | Attentive ObserverMonday, 12 April 2021 at 10:06:00 BST | Apr 12 10:53 |
| schestowitz | The decision is to be applauded as it reminds of some fundamentals in matters of correspondence between the claims and the description. | Apr 12 10:53 |
| schestowitz | If in a claim it is question of a ventilator, it is irrelevant that the applicant/proprietor defines its ventilator as having a heating spiral in front in the description. A simple ventilator will be novelty destroying. | Apr 12 10:53 |
| schestowitz | In T 1067/09 the presence of a comma led to an objection under Art 123(2) when it was omitted in the context of an amendment. | Apr 12 10:53 |
| schestowitz | The description stated: "the sealing elements may be substantially planar, rectangular elements, substantially spherical, for example beads, or irregularly shaped“. After amendment the claim read "selecting sealing elements to be substantially planar", or "selecting substantially planar sealing elements ". | Apr 12 10:53 |
| schestowitz | For the BA there were two types of sealing elements, planar and 3D. For the BA, The skilled person would therefore consider the expression "substantially planar, rectangular elements" meaning that the planar sealing elements could only be rectangular. | Apr 12 10:53 |
| schestowitz | There is a long line of case law according to which when a claim is clear as such, there is no need to take into account the description, be it for added matter, e.g. T 30/17, extension of protection, e.g. T 1778/17 or clarity, e.g. T 515/19 or T 21/16. | Apr 12 10:53 |
| schestowitz | The position of Mr Justice Birss in [2021] EWHC 57 (Pat)) is clearly at odds with the EPO case law. One cannot give a claim a different meaning depending of what is stated in the description. The claim has to be taken as it is written. | Apr 12 10:53 |
| schestowitz | When I remember the long discussions opposing the reminder in the latest Guidelines about the mandatory adaptation of the description, I cannot but agree with the reminder. It is clearly to avoid such interpretations like that of Mr Justice Birss. | Apr 12 10:53 |
| schestowitz | " | Apr 12 10:53 |
| schestowitz | I wonder what will happen if mysqld is restarted at times backup is taken. I am guessing the dump will just be aborted and no harm done.. | Apr 12 10:59 |
| schestowitz | x https://www.somagnews.com/open-source-what-it-is-and-how-it-works/ | Apr 12 11:05 |
| schestowitz | # at least there is a nod to RMS though | Apr 12 11:05 |
| -TechrightsBN/#boycottnovell-www.somagnews.com | Open Source: what it is and how it works - Somag News | Apr 12 11:05 | |
| schestowitz | = | Apr 12 11:05 |
| schestowitz | x https://joindiaspora.com/posts/20501097 | Apr 12 11:05 |
| -TechrightsBN/#boycottnovell-@schestowitz@joindiaspora.com: He could have made #mozilla better technically... instead of becoming a political org that attacks #freesw (FSF) on Google's payroll (3+ million dollars a year, Google money for the most part, goes to a corporate lawyers who turns Mozilla into a handkerchief) https://www.i-programmer.info/news/82-heritage/14456-brendan-eich-talks-about-javascript-a-more.html | Apr 12 11:05 | |
| schestowitz | # not his fault | Apr 12 11:05 |
| -TechrightsBN/#boycottnovell--> www.i-programmer.info | Brendan Eich Talks About JavaScript & More | Apr 12 11:05 | |
| Techrights-sec | https://nitter.cc/vaxima/status/1381543916474933251#m | Apr 12 11:07 |
| -TechrightsBN/#boycottnovell-nitter.cc | Ingmar S. Horn (@vaxima): "#microsoft -funded propaganda site: “Google is continuing to chip away at Microsoft’s productivity dominance” Even the Microsoft boosters admit Microsoft is in trouble… see http://techrights.org/2021/04/07/collapse-of-windows/" | nitter | Apr 12 11:07 | |
| Techrights-sec | Probably, but it could be tested. | Apr 12 11:12 |
| schestowitz | I just hope that until all that vandalism is over the DB will still be in good integrity. Last night they targeted TR again, second night in a row, so we know it's likely a personal thing | Apr 12 11:13 |
| Techrights-sec | Well going after TM too would be in M$ style. | Apr 12 11:15 |
| schestowitz | [00:47] <techrights-bot> The submission/s form in #lxer and in #linuxtoday had broken down, with the latter being repaired only about a week ago. #tuxmachines had a spam submission/s issue, so now only authorised accounts can submit. :/ http://lxer.com/module/forums/t/36735/ | Apr 12 11:15 |
| -TechrightsBN/#boycottnovell-lxer.com | LXer: Inability to add posts containing URL to a specific site: LXer Meta Forum | Apr 12 11:15 | |
| Techrights-sec | Just tested it on TM, the dump will fail if interrupted. | Apr 12 11:20 |
| Techrights-sec | mysqldump: Error 2013: Lost connection to MySQL server during query when dumping table `node_revisions` at row: 63027 | Apr 12 11:20 |
| Techrights-sec | So it would be better to block the offending host rather than interrupt the db | Apr 12 11:20 |
| Techrights-sec | I'm rather sure it has been quite a few years since we've linked to ZDNet | Apr 12 11:40 |
| Techrights-sec | back in a few hours | Apr 12 11:48 |
| *schestowitz has quit (Read error: Connection reset by peer) | Apr 12 11:59 | |
| -NickServ-schestowitz!~schestowi@host81-154-169-167.range81-154.btcentralplus.com has just authenticated as you (schestowitz) | Apr 12 11:59 | |
| *schestowitz (~schestowi@unaffiliated/schestowitz) has joined #boycottnovell | Apr 12 11:59 | |
| *ChanServ gives channel operator status to schestowitz | Apr 12 11:59 | |
| schestowitz | the site endured our gym trip very well! Being back at the gym today was, in a word, a bit eerily worrying because we were the only ones there the entire time, just 6 people in total so far today. Had lots of interesting chats with the staff though. | Apr 12 16:27 |
| Techrights-sec | good that you're getting more exercise, but be careful about exposure to viruses | Apr 12 16:30 |
| schestowitz | next week we'll decide whether to renew, also based on perceived safety. Distancing is hardly a problem. | Apr 12 16:30 |
| schestowitz | http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1618236457816#c8146453397125281237 | Apr 12 16:49 |
| schestowitz | " | Apr 12 16:49 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat | Apr 12 16:49 | |
| schestowitz | It looks like the first set of non-anonymous amicus submissions is on the public file. They were filed by VESPA (the Swiss professional body). Largely endorsing the view taken by the board in T1807/15, and criticizing other recent decisions that decided differently (e.g. T2320/16). Also mentioned 'Zoom fatigue' - I don't know if that strengthens or weakens the submissions overall. | Apr 12 16:49 |
| schestowitz | https://register.epo.org/application?documentId=E53S1W305855DSU&number=EP04758381&lng=en&npl=false | Apr 12 16:49 |
| schestowitz | "\ | Apr 12 16:49 |
| -TechrightsBN/#boycottnovell-register.epo.org | European Patent Register | Apr 12 16:49 | |
| Techrights-sec | about making the site more robust, having nftables or even outdated old iptables | Apr 12 16:50 |
| Techrights-sec | would help a lot... | Apr 12 16:50 |
| Techrights-sec | https://nitter.cc/JonDoyleDesign/status/1381579994703540225#m | Apr 12 16:58 |
| -TechrightsBN/#boycottnovell-nitter.cc | Jon Doyle @Lostincult (@JonDoyleDesign): "techrights.org/2019/08/04/ri…" | nitter | Apr 12 16:58 | |
| Techrights-sec | https://nitter.cc/Chilreando/status/1381582800671870978#m | Apr 12 16:59 |
| -TechrightsBN/#boycottnovell-nitter.cc | chilreando (@Chilreando): "Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become (see “Anti-Kurruption” above) http://techrights.org/2021/04/11/bundestagate-part-13/" | nitter | Apr 12 16:59 | |
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| Techrights-sec | https://nitter.cc/BrideOfLinux/status/1381698754789715973#m | Apr 12 21:03 |
| -TechrightsBN/#boycottnovell-nitter.cc | Christine Hall (@BrideOfLinux): "I'm not going to preach: Elephant and Its Ivory | Tux Machines https://buff.ly/2OBGXPR" | nitter | Apr 12 21:03 | |
| schestowitz | http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1618242120242#c1464248614441892225 | Apr 12 21:49 |
| schestowitz | " | Apr 12 21:49 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat | Apr 12 21:49 | |
| schestowitz | The documents for R 5/18 indeed make interesting reading. | Apr 12 21:49 |
| schestowitz | https://register.epo.org/application?number=EP99900207&lng=en&tab=doclist | Apr 12 21:49 |
| schestowitz | As I understand it, the Chairman of the EBA for R 5/18 is the same as the Chairman for G 1/21. The OPs for R 5/18 were originally due to take place in person but, presumably by order of the Chairman, were changed to VICOs on 31 March 2021, which was AFTER the EBA received the referral in G 1/21. Further, the EBA denied a request of the Petitioner to change the format back to in-person proceedings. Finally, to rub salt into the wound | Apr 12 21:49 |
| schestowitz | the OPs in R 5/18 will take place before the EBA's decision in G 1/21 is issued. | Apr 12 21:49 |
| schestowitz | So, to summarise, the EBA will conduct oral proceedings in a petition for review by using a format whose lawfulness (absent the consent of the parties) is currently in doubt. Further, the EBA's final decision in connection with that petition for review will be announced before the EBA, with THE SAME CHAIRMAN, has separately decided whether "without consent" VICO OPs are permitted under the EPC. | Apr 12 21:49 |
| schestowitz | In other words, Mr Josefsson will announce a final and unappealable decision in connection with R 5/18 before going on to Chair the EBA for G 1/21 ... whose answer to the question referred could, in theory, undermine the validity of his decision in R 5/18. | Apr 12 21:49 |
| schestowitz | Are we really expected to believe that, under these circumstances, Mr Josefsson is capable of keeping an open mind in connection with the question referred in G 1/21? Despite this, Mr Josefsson is showing no signs of self-recusing. It therefore seems that we can expect that not only will he participate in G 1/21 he will remain as the CHAIRMAN of the EBA. Unbelievable. | Apr 12 21:49 |
| schestowitz | " | Apr 12 21:49 |
| schestowitz | http://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1618254888597#c1318498087757785238 | Apr 12 21:50 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 12 21:50 | |
| schestowitz | " | Apr 12 21:50 |
| schestowitz | A detailed review of the case law suggests to me a reasonably prevalent line of thought at the EPO Boards that the description (and Article 69 EPC) should not be used to "rescue" a claim which has a reasonable interpretation which is broader than advocated by the patentee, i.e. should not allow the patentee to benefit from a narrower definition provided in the description. If issues of claim breadth are detrimental to the validity | Apr 12 21:50 |
| schestowitz | of the patent, the proper solution in most cases would be to amend the claim to include the narrower definition... provided that the right support under Art 123 can be found, of course. | Apr 12 21:50 |
| schestowitz | Having said that, this approach hasn't always been consistently adopted by the Boards. If one searches for cases citing Article 69 EPC it also seems that some Boards have historically struggled to understand that the rationale underlying Article 69 is not merely limited to issues of infringement. As soon as article 69 is mentioned, the blinkers come down and they say, effectively, "scope of protection is a matter for infringement, | Apr 12 21:50 |
| schestowitz | which is not our job to determine," overlooking that claim scope, and the meaning of terms within the claims, can also of course be highly relevant for determining whether or not a particular claim feature is or is not disclosed in the prior art. | Apr 12 21:50 |
| schestowitz | Is this a topic which is ripe for another EBoA referral? | Apr 12 21:50 |
| schestowitz | " | Apr 12 21:50 |
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