●● IRC: #techbytes @ Techrights IRC Network: Thursday, July 20, 2023 ●● ● Jul 20 [02:33] *asusbox has quit (Ping timeout: 2m30s) [02:33] *rianne_ has quit (Ping timeout: 2m30s) ● Jul 20 [04:00] schestowitz http://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html?showComment=1689679080055#c7055527940843991967 [04:00] schestowitz It 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 "permanently attached" should be afforded a relatively broad interpretation.

The problem as I see it is that the (pre- [04:00] schestowitz grant) amendments to the description removed some of the context of the original disclosure, which could well have cast a different light on the meaning of "permanently attached".

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 f [04:00] schestowitz or 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. [04:00] -TechBytesBot/#techbytes-ipkitten.blogspot.com | The risk of pre-grant description amendments (T 450/20) - The IPKat ● Jul 20 [06:21] *asusbox (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [06:22] *rianne_ (~rianne@3stvfjh5iuw88.irc) has joined #techbytes ● Jul 20 [07:07] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Jul 20 [11:21] *rianne_ has quit (Ping timeout: 2m30s) [11:21] *asusbox has quit (Ping timeout: 2m30s) [11:22] *asusbox (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [11:23] *rianne_ (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [11:33] *asusbox has quit (Ping timeout: 2m30s) [11:33] *rianne_ has quit (Ping timeout: 2m30s) ● Jul 20 [14:19] *u-amarsh04 has quit (Quit: Konversation terminated!) [14:20] *u-amarsh04 (~amarsh04@h9w2ackdz5nh2.irc) has joined #techbytes ● Jul 20 [17:11] *psydroid2 has quit (connection closed) [17:34] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes [17:58] *Tilt (~tilt@frveq6rcj5n32.irc) has joined #techbytes [17:58] Tilt i have a cock [17:59] Tilt i have a cock ● Jul 20 [18:00] *asusbox (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [18:01] *rianne_ (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [18:35] *parsifal (~parsifal@aahfbjmj4hann.irc) has joined #techbytes ● Jul 20 [20:43] *psydroid3 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Jul 20 [21:18] *psydroid3 has quit (connection closed) [21:26] *asusbox has quit (Ping timeout: 2m30s) [21:26] *rianne_ has quit (Ping timeout: 2m30s) [21:36] *parsifal has quit (Quit: Leaving) ● Jul 20 [23:26] psydruid https://www.youtube.com/watch?v=2mtwZaRObP8 [23:26] -TechBytesBot/#techbytes-@Invidious: https://inv.bp.mutahar.rocks/watch?v=2mtwZaRObP8 [23:26] -TechBytesBot/#techbytes-Peer reports it experienced an internal error. ( status 0 @ https://inv.bp.mutahar.rocks/watch?v=2mtwZaRObP8 ) [23:58] *psydroid2 has quit (connection closed)