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| schestowitz[TR] | "There seems to be a minor trend at the moment of filing petitions for review based on the allegation that the Board of Appeal in its decision has invented a new legal test, or adopted a new line of reasoning, without giving parties the opportunity to comment.<br /><br />Among pending cases at least the following come to mind:<br /><br />R 18/23 (T 522/21): alleged introduction of “full implementation of the claimed invention” r | Jan 31 05:56 |
|---|---|---|
| schestowitz[TR] | equirement under Article 83 EPC creating a “new legal standard” on which parties were not heard (paragraphs 45-46 of the petition)<br /><br />R 12/23 (T 345/21): alleged reliance on “gold standard” in written decision rather than “essentiality test” without adequate opportunity for parties to comment and without actually applying the “gold standard” in full in the decision (paragraphs 2.i and ii of the petition)<br / | Jan 31 05:56 |
| schestowitz[TR] | ><br />R 15/22 (T 980/19): alleged reformulation of objective technical problem without giving any notice to parties (paragraph 3.4 of the petition)<br /><br />R 7/21 (T 2842/18): alleged adoption of new “certainty” standard for assessing 123(2) (pages 13 onwards of the petition)<br /><br />R 8/19 (T 1537/16): alleged reformulation of objective technical problem without notice to parties (paragraph (06) of the petition)<br /><br | Jan 31 05:56 |
| schestowitz[TR] | />In most cases these types of petition seem to be a thinly-disguised attempt to get the Enlarged Board to review substantive aspects of patentability, which seems doomed to failure. (I am sure that there are also (unsuccessful) petitions which have already been decided along similar lines.)<br /><br />I wonder why parties are choosing to adopt what they must surely know to be futile arguments.<br /><br />In principle it is right t | Jan 31 05:56 |
| schestowitz[TR] | hat petitions should be an extraordinary remedy, otherwise the petition process risks becoming a de facto second level of appeal and everything would become subject to a petition, adding time and uncertainty to the outcome of proceedings at the EPO. However, the underlying facts as presented in many petitions can sometimes leave the feeling that the RPBA give the Boards freedom to behave in a not entirely equitable way, while the pe | Jan 31 05:56 |
| schestowitz[TR] | tition procedure is so tightly restricted that it leaves parties without any recourse against Boards misusing their discretion under the RPBA.<br /><br />Is it time for the EPO to take another look at whether the current petition system strikes the right balance? Or is the current state of affairs about right? What do readers think?" | Jan 31 05:56 |
| schestowitz[TR] | http://ipkitten.blogspot.com/2024/01/petition-of-review-filed-in-referring.html?showComment=1706531044058#c5813874736959862582 | Jan 31 05:56 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Petition for review filed in referring decision to G2/21 (T 0116/18) - The IPKat | Jan 31 05:56 | |
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| schestowitz[TR] | <DaemonFC> I'm filing a complaint with the Consumer Financial Protection Bureau about a consumer reporting agency founded by Microsoft executives. | Jan 31 06:48 |
| schestowitz[TR] | and later you said it in the main channel | Jan 31 06:48 |
| schestowitz[TR] | anyway, sounds like a plan | Jan 31 06:48 |
| DaemonFC | schestowitz[TR]: And others. | Jan 31 06:48 |
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| schestowitz[TR] | <li> | Jan 31 08:53 |
| schestowitz[TR] | <h5><a href="https://www.tumfatig.net/2024/zfs-encryption-and-notification-service-on-omnios/">ZFS encryption and notification service on OmniOS</a></h5> | Jan 31 08:53 |
| schestowitz[TR] | <blockquote> | Jan 31 08:53 |
| schestowitz[TR] | <p>I have a Dell server in a colo. It (will) hosts some virtual machines and (private) data. And because trust does not exclude control (on your data), I do encrypt (at rest) some of the storage. </p> | Jan 31 08:53 |
| schestowitz[TR] | <p> Read the zpool-features(7) and zfs(8) manpages to learn about the encryption feature. Read the smf(7) manpage to learn about Solaris service management facility.</p> | Jan 31 08:53 |
| schestowitz[TR] | </blockquote> | Jan 31 08:53 |
| schestowitz[TR] | </li> | Jan 31 08:53 |
| -TechBytesBot/#techbytes-www.tumfatig.net | TuM'Fatig - ZFS encryption and notification service on OmniOS | Jan 31 08:53 | |
| schestowitz[TR] | x https://llm-misinformation.github.io/ | Jan 31 09:47 |
| schestowitz[TR] | # publishing via m$ instead of her host institution -- possible scam | Jan 31 09:47 |
| -TechBytesBot/#techbytes-llm-misinformation.github.io | LLMs Meet Misinformation | Jan 31 09:47 | |
| schestowitz[TR] | x https://siliconangle.com/2024/01/30/microsoft-blows-away-earnings-estimates-ais-contribution-grows/ | Jan 31 09:47 |
| -TechBytesBot/#techbytes-Microsoft again blows away earnings estimates as AI's contribution grows - SiliconANGLE | Jan 31 09:47 | |
| schestowitz[TR] | x https://www.axios.com/2024/01/30/microsoft-security-flaw-cloud-azure | Jan 31 09:50 |
| -TechBytesBot/#techbytes- ( status 403 @ https://www.axios.com/2024/01/30/microsoft-security-flaw-cloud-azure ) | Jan 31 09:50 | |
| schestowitz[TR] | x https://siliconangle.com/2024/01/30/cisco-teams-microsoft-samsung-enhanced-hybrid-meeting-collaboration/ | Jan 31 09:57 |
| -TechBytesBot/#techbytes-Cisco teams with Microsoft and Samsung for enhanced hybrid meeting collaboration - SiliconANGLE | Jan 31 09:57 | |
| schestowitz[TR] | x https://www.404media.co/microsoft-closes-loophole-that-created-ai-porn-of-taylor-swift/ | Jan 31 09:58 |
| schestowitz[TR] | x https://www.thenation.com/article/world/arab-opinion-gaza-united-states-analysis/ | Jan 31 09:58 |
| -TechBytesBot/#techbytes-www.404media.co | Microsoft Closes Loophole That Created AI Porn of Taylor Swift | Jan 31 09:58 | |
| -TechBytesBot/#techbytes-www.thenation.com | Arab Citizens Are Livid Over Gaza. The US Ignores Them at Its Peril. | The Nation | Jan 31 09:58 | |
| schestowitz[TR] | x https://pressgazette.co.uk/publishing-services-content/publishing-on-the-open-web-is-broken-how-generative-ai-could-help-fix-it/ | Jan 31 09:58 |
| schestowitz[TR] | # spam | Jan 31 09:58 |
| -TechBytesBot/#techbytes-pressgazette.co.uk | Founder of generative AI publishing platform Affino interviewed | Jan 31 09:58 | |
| schestowitz[TR] | x https://www.hindustantimes.com/brand-stories/mu-sigma-showcases-its-roster-of-problem-solving-capabilities-at-the-microsoft-technology-center-101697186170822.html | Jan 31 09:59 |
| -TechBytesBot/#techbytes-www.hindustantimes.com | Mu Sigma Showcases Its Roster of Problem-Solving Capabilities at the Microsoft Technology Center - Hindustan Times | Jan 31 09:59 | |
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