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IRC: #techbytes @ Techrights IRC Network: Thursday, July 20, 2023

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schestowitzhttp://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html?showComment=1689679080055#c7055527940843991967Jul 20 04:00
schestowitzIt seems to me to be far from certain that the Board misapplied the principles of claim interpretation in this case. That is, if we accept that the Board should use the (amended) description and drawings of the granted patent when applying Art 69(1) EPC, it does not seem unreasonable that the phrase &quot;permanently attached&quot; should be afforded a relatively broad interpretation.<br /><br />The problem as I see it is that the (pre-Jul 20 04:00
schestowitzgrant) amendments to the description removed some of the <b>context</b> of the original disclosure, which could well have cast a different light on the meaning of &quot;permanently attached&quot;.<br /><br />In any event, there is little doubt that, under current EPO practice and case law, adapting the description to allowable claims has become a very complicated and risky procedure for applicants. As illustrated by T450/20, the risks fJul 20 04:00
schestowitzor applicants include the possibility that certain amendments to the description might inadvertently change the (post-grant) interpretation of a term used in the claims ... possibly to a meaning that cannot be clearly and unambiguously derived from the disclosures of the application as originally filed.Jul 20 04:00
-TechBytesBot/#techbytes-ipkitten.blogspot.com | The risk of pre-grant description amendments (T 450/20) - The IPKatJul 20 04:00
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Tilti have a cockJul 20 17:58
Tilti have a cockJul 20 17:59
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psydruidhttps://www.youtube.com/watch?v=2mtwZaRObP8Jul 20 23:26
-TechBytesBot/#techbytes-@Invidious: https://inv.bp.mutahar.rocks/watch?v=2mtwZaRObP8Jul 20 23:26
-TechBytesBot/#techbytes-Peer reports it experienced an internal error. ( status 0 @ https://inv.bp.mutahar.rocks/watch?v=2mtwZaRObP8 )Jul 20 23:26
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