Tuesday, June 13, 2017 T 648/12 - New document introduced by Board

Non-electronic exercise equipment

The application concerned a training device which receives an electronic training script that defines a workout sequence in which a user is instructed to perform a plurality of activities. The user is prompted for a next activity when a defined quantity of a previous activity is detected. 

The application was rejected on the basis of document D1 which is an electronic system to monitor and train an individual on proper motion during physical movement. The Board agrees with the applicant that this is not relevant for the application. Unfortunately for the applicant, the Board knows from its own experience of other trainings systems, and send the case back for further investigation. 

Friday, August 12, 2016 T 799/12 - Clarity in opposition appeal

In this opposition appeal, the proprietor challenged the clarity objection that was raised against claim 1 as amended made during first instance opposition proceedings, but which was only raised with the grounds of appeal. He was however unsuccesful: amendments made during opposition are to be examined for compliance with all EPC requriements and the amendment was based on the description (not just an incorporation of an unclear dependent claim - G 3/14). Further, the board of appeal has the power to examine all EPC requirements, not just the ones on which the decision was based: the Board thus examined clarity, and also admitted new arguments against inventive step based on a document that was not used in any objection before.