The Blog "European Patent Case Law" noticed an interesting development concerning this case.
The Examining Division, in a communication undert Art. 94(3) following the order of the Board of Appeal, openly comments on this decision and argues why this decision is either incorrect, should not be followed and/or why the issue at hand should possibly be dealt with by the Enlarged Board.
Click here for the European Patent Case Law Blog. (In case you have difficulty with reading French, there is a translation option in this Blog that works quite well. Further, you can also download the communication directly from this Blog.)
Click here for an earlier post on this decision.
20/07/2009
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