tag:blogger.com,1999:blog-7832835369014787139.post4745342478535126760..comments2024-03-21T14:45:52.667+01:00Comments on Deltapatents EQE Paper D: First impressions D 2016?DeltaPatentshttp://www.blogger.com/profile/07830354704918972593noreply@blogger.comBlogger47125tag:blogger.com,1999:blog-7832835369014787139.post-27243041630746489672016-03-04T00:03:46.755+01:002016-03-04T00:03:46.755+01:00You cannot conclude from these answers that you ha...You cannot conclude from these answers that you have failed - the examination committees stille need to decide defintiely what they will expect for full points, how accurate the legal basis must be, alternative answers that are also accepted etc.<br /><br />Also most people only remember the things that they missed and not the things they actually wrote down.Pete Pollardhttps://www.blogger.com/profile/01203724517158856590noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-85134217935092580222016-03-03T11:15:08.913+01:002016-03-03T11:15:08.913+01:00The D-paper (English version) is now available in ...The D-paper (English version) is now available in the opening paragraphs of the general D, the DI and the DII blogs.Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-37510142300703154162016-03-03T10:30:56.931+01:002016-03-03T10:30:56.931+01:00the X itself is common general knowledge, but the ...the X itself is common general knowledge, but the cross section of the rib common general knowledge or applying X to the cross seciton of the rib is common general knowledge? How many types of cross section of the rib can have? The exam paper only mentions ellictial and trangial but according to my geomtry knowlege peopole can make countless number of cross section https://en.wikipedia.org/wiki/Cross_section_%28geometry%29Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-36042963919052228152016-03-03T10:23:05.900+01:002016-03-03T10:23:05.900+01:00@Roel, @Pete, 1, how many points subsequently do y...@Roel, @Pete, 1, how many points subsequently do you think I will lost if I "mistakenly" marked that PCT-BC cannot claim rib because of the broad and non-enabling embodiment? 2, for PCT-SA, couldn't we amend the rib claim into rib made of material X? I believe that the description of FR-SA fully support this amendment, if you apply the same standard to the arguement that skilled person can use material X as commeon general knowledge for the rib. I propose to made the amendment on PCT-SA to amendment the rib claim into rib made of material X.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-26567905870026498192016-03-03T09:48:06.797+01:002016-03-03T09:48:06.797+01:00Correct. Please refer to the DI-blog for the detai...Correct. Please refer to the DI-blog for the details,Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-60190231335362679732016-03-03T09:08:14.860+01:002016-03-03T09:08:14.860+01:00Hi Pete, will a copy of the D-paper be made availa...Hi Pete, will a copy of the D-paper be made available? Tasjanoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-53725792143077683462016-03-03T08:24:17.741+01:002016-03-03T08:24:17.741+01:00On DII, you have to be careful about concluding th...On DII, you have to be careful about concluding that something is definitely not enabled by the disclosure -you are only given certain facts to work with. On this paper, you don't have enough facts to decide whether there really is a problem - it depends on how many cross-sections fall under "other cross-sections" - it could be 2, it could be 20. In such a case, it is better to think of whether a fix is possible (amended claims) and whether this impacts the exploitation situation. If the situation can improve your clients's business significantly, it may be worth discussing. But here, the clients application also has the same problem.Pete Pollardhttps://www.blogger.com/profile/01203724517158856590noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-17384356986831456812016-03-03T08:12:06.529+01:002016-03-03T08:12:06.529+01:00Our answer to DII is now posted here: http://eqe-d...Our answer to DII is now posted here: http://eqe-d.blogspot.nl/2016/03/d-2016-our-answer-to-dii-part.html<br /><br />I think that this DII was very do-able.<br /><br />Our answer is just limited to the core of the answer - you can go into a lot of other details, so I think you can easily spend 3.5 hours discussing everything.<br /><br />The number of applications was manageable, and the priority was relatively straightforward. For example, you could discuss provisional protection.<br /><br />I missed a little guidance about the most important territories for each party - obviously CH and FR need to be mentioned, but with the PCT applications it is nice to be able to limit the discussion. Q.3 did ask about the situation in Europe, but even that is quite broad.<br /><br />A little strange is that subject matter was not claimed in the PCT applications - this is unfamiliar to most people what you can do. However, even if you don't know what to do in the international phase, you can always amend the claims on entry and deal with it in the national/regional phases.<br /><br />I was also not able to find any guidance for how the BoA will deal with new facts and evidence in this case. I am not sure how the representative leaving for the South Pole can be used. <br /><br />I saw some comments about possible enablement problems of the Pcc with rib claim (that it is too broad). I am not sure that this was intended, and it doesn't really lead anywhere - to judge it properly you would need more details about "other cross-sections". We would also have to amend our claim as well. It would not change the exploitation situation. I interpreted the use of any plastic as an advantage for the t-rib and e-rib.<br />Pete Pollardhttps://www.blogger.com/profile/01203724517158856590noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-13726747049300406692016-03-02T23:42:32.018+01:002016-03-02T23:42:32.018+01:00Well thats a fail for me - wish i had not come on ...Well thats a fail for me - wish i had not come on this site to read how easy people thought the paper was judging by the comments - its frustrating like hell. Working hard, studying and ruining ones health and happiness for these exams. Im now looking forward to failing C tomorrow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-60026434754265718142016-03-02T16:10:40.280+01:002016-03-02T16:10:40.280+01:00I did the D paper last night and this morning. We ...I did the D paper last night and this morning. We have posted our answers to the DI here: http://eqe-d.blogspot.nl/2016/03/d-2016-our-answers-to-di-part.html<br />My impressions: <br />- a lot of PCT :-), but mainly covering the things you should know like priority, translations and EP-entry<br />- the DI questions 1-4 were a slightly different style, directing you to the answers they wanted. There was only one open question - Q.5<br />- Q.3 and Q.4 were a little difficult to do in the time, but I think the other questions could be done a little quicker.<br /><br />I will try and get our DII posted this afternoon.<br />Pete Pollardhttps://www.blogger.com/profile/01203724517158856590noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-55481941046348781502016-03-02T15:42:44.681+01:002016-03-02T15:42:44.681+01:00The single fact that X is common general knowledge...The single fact that X is common general knowledge does not mean that there is no enablement problem.<br />It would lift the enablement if is common general knowledge that X is a material usable to make ribs or similar structures.<br />There will be many materials in common general knowledge. It can still an undue burden for the skilled person if there is nothing that would let him try exactly X. <br /><br />In my view, the sentence "material X is known ny a person skilled in the art" is there to indicate that no special disclosure is needed as to how to make material X itself - thus, that it can be used (to make cups with rubs) without complications.<br />JohanAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-86794599234962396952016-03-02T12:24:24.782+01:002016-03-02T12:24:24.782+01:00X is common knowledge yes but only for capsules no...X is common knowledge yes but only for capsules not for rips. I am serious doubting that skilled person can practice PCT-BC without undue effort for rips.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-53618030647901152222016-03-02T07:52:26.858+01:002016-03-02T07:52:26.858+01:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/14566283308827194345noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-78106565255149318872016-03-01T22:20:13.007+01:002016-03-01T22:20:13.007+01:00as pct-bc was filed in german, bc has to pay the f...as pct-bc was filed in german, bc has to pay the filing fee only in order to create 54(3) for ep-sa. I assume that ep was designated. <br /><br />Very hard D2 with a lot of possible answers this year. 4 pct related questions in d1 and also d2 related to pct.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-35000373329798155562016-03-01T21:13:28.544+01:002016-03-01T21:13:28.544+01:00So what does mean in regard to this EQE? The broad...So what does mean in regard to this EQE? The broad claims of PCT-BC were clearly not enabled by its poor disclosure...but would you say that the earlier documents and common knowledge were sufficient to cure this deficiency?Flip_A_Coinnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-64532063795808495292016-03-01T21:04:26.591+01:002016-03-01T21:04:26.591+01:00@Ochsensepp: for the EP-phase of both PCTs, you ca...@Ochsensepp: for the EP-phase of both PCTs, you can give the exact conditions under which they will/will not be Art.54(3) EPC prior art, and what to do to get provisional protection.Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-83953347775165458052016-03-01T21:01:18.915+01:002016-03-01T21:01:18.915+01:00Agree, there is about a week still
JohanAgree, there is about a week still<br /><br />JohanAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-32344764774004038402016-03-01T20:59:47.717+01:002016-03-01T20:59:47.717+01:00You need enablement over the full scope of the cla...You need enablement over the full scope of the claim - see GL (2015) F-III, 1: There are some instances where even a very broad field is sufficiently exemplified by a limited number of examples or even one example (see also F‑IV, 6.3). In these latter cases the application must contain, in addition to the examples, sufficient information to allow the person skilled in the art, using his common general knowledge, to perform the invention over the whole area claimed without undue burden and without needing inventive skill (see T 727/95). In this context, the "whole area claimed" is to be understood as substantially any embodiment falling within the ambit of a claim, even though a limited amount of trial and error may be permissible, e.g. in an unexplored field or when there are many technical difficulties (see T 226/85 and T 409/91).Roel van Woudenberghttps://www.blogger.com/profile/15823355175016282250noreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-17624473274081429222016-03-01T19:52:50.703+01:002016-03-01T19:52:50.703+01:00No, coffee + G added and described only in PCT-BC ...No, coffee + G added and described only in PCT-BC ... and yes, adding priority of FR2-SA for PCT-SAAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-12791792913042194702016-03-01T19:46:33.647+01:002016-03-01T19:46:33.647+01:00Much PCT at first impression. But actually most of...Much PCT at first impression. But actually most of it was possible to answer via epc as it vas linked mostly to regional phase. DII was straight forward, similar to last year with slightly more legal issues as date issues.<br />DDDAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-52508173138509442362016-03-01T19:16:57.940+01:002016-03-01T19:16:57.940+01:00Sorry,
... according to pct-bc.
Too late. Have t...Sorry,<br /><br />... according to pct-bc.<br /><br />Too late. Have to stop this and get some sleep.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-20694952478793208082016-03-01T19:14:23.741+01:002016-03-01T19:14:23.741+01:00I answered that ep-bc would be 54(3) for ep-sa aft...I answered that ep-bc would be 54(3) for ep-sa after both would have entered ep phase.<br /><br />Missed to write that cup & triangular rip is an alternative to rip & elliptical rip, and thus patentable. Nevertheless, it is dependent on cup & rip according to pct-sa.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-86562866275273920102016-03-01T19:00:42.747+01:002016-03-01T19:00:42.747+01:00totally agree. I was not sure what to say in DII. ...totally agree. I was not sure what to say in DII. Whether the two PCT applications count as prior art seems to depend on their future. I decided to just state that the prior art effect depends on which the national/regional phases will be entered and also on national law. But that doesn't seem too satisfactory ...<br /><br />OchsenseppAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-39460452729243645282016-03-01T18:51:12.432+01:002016-03-01T18:51:12.432+01:00German may have meant that upon Publication, BC co...German may have meant that upon Publication, BC could get preliminary protection (A 67) if they planned to enter EP-phase...<br /><br />I agree with PCT in D1, I practiced the 2015 exam and basically laughed at how little legal basis they asked for in regard to PCT (there was some question on priority and filing at EPO/DPMA)...interesting to see that this has apparently shifted within one year nowAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7832835369014787139.post-19770962704900994532016-03-01T18:47:05.916+01:002016-03-01T18:47:05.916+01:00Too much focus on PCT imho.
Started with D II and...Too much focus on PCT imho.<br /><br />Started with D II and allowed 3 hours for it. Remaining 2 hours for D I were very tight. Had no time to re-read and am sure made stupid mistakes because of that.<br />First impression after handing in: definitely not passed<br />Second impression after looking at it again at home: maybe with some luck I'll get enough in DI and DII.Elanoreply@blogger.com