Friday, January 03, 2020 T 1362/15 - No special consideration for US-style claim dependencies

This board is not a big fan of US-style claim dependencies

This is an opposition appeal for a patent that originated from a US-PCT application. In opposition, the granted claims are found not to be inventive (see point 1 and further). Auxiliary requests then run into added subject matter problems, in part, because the claims have 'US style' dependencies. The proprietor requests that questions are referred that ask whether the Board should take into account that these claims were originally drafted with a US style. The board did not consider this to be necessary though (see point 3 and further). 

Claim 10 of the main request reads as follows:

"A catalytic converter (10) comprising an outer tube (24) formed without any weld and comprising a tubular first side portion (22), a tubular second side portion (28), and a tubular intermediate portion (32) positioned between the first and second side portions (22, 28), (...) and

a tubular heat shield (18) positioned in the intermediate portion (32) around the longitudinal axis to inhibit transfer of heat from exhaust gas present in the intermediate portion (32) to the intermediate portion (32)."

Wednesday, December 20, 2017 G 1/16 - The final word (?) about disclaimers

The referral relates to the allowability of undisclosed disclaimers. The referring Board asked about the applicability of the gold standard disclosure test as defined in decision G 2/10 to undisclosed disclaimers (no), and the applicability of criteria as defined in decisions G 1/03 and G 2/03 (yes). The decision G 1/16 (Disclaimers III) noted that in drafting of undisclosed disclaimers as amendments, no technical contribution to the claimed subject-matter of the application as filed may be provided.