The weekend was spent covering mostly US patent matters. Last week was a quiet week for the EPO (no updates from SUEPO and barely even from the EPO), but the main news was about CRISPR.
The opposition proceedings at the European Patent Office ("EPO") concerning Cantargia AB's ("Cantargia") patent for treatment of solid tumours have now been completed. The EPO has rejected the opposition and Cantargia's patent is thus maintained with unchanged claims.
Does it help, I wonder, to keep in mind that i) the Guidelines are distilled out of DG3's leading cases, the Established Caselaw of DG3, no less, ii) the Guidelines are not written by judges, and iii) the Guidelines are for EPO Examiners. The Guidelines are intended as a help to DG1 in its task of examining consistently the applications filed at the EPO. For the Established Caselaw of the Boards of Appeal of the EPO, see the White Book.
Thus, in argument with DG1, quote the Guidelines. For DG1 it is holy writ. These days, no member of DG1 will have the nerve to push The Guidelines. But, in presenting cases to the EPO's Boards of Appeal, don't make the mistake of shaking a copy of The Guidelines at the Board. Instead, remind them what is their own Established Caselaw, direct from the White Book.
If you want to push the legal envelope, you are not going to do it with The Guidelines but only on appeal to DG3, by arguing convincingly that DG3's "established" caselaw is not so established as to be carved in stone.