Sunday, 20 September 2009

J 15/08 - Some Like It Hot

This decision on a request for reestablishment is interesting above all because of the unusual auxiliary requests:

The appellant requests:
(1) Reestablishment and immediate examination of the application;
(2) Replacement of claim 1 by claim 1C
(3) Reimbursement of all costs that have arisen to the appellant (Appeal fee, annuities as from the third year and compensation amounts as well as training lessons in technical mechanics and EP patent rules) by the first examiner;
(4) Replacement of the first examiner by another examiner; [XII]
(5) Summary dismissal of the first examiner and compensation for neglect of due care and supervision;
(6) Verification of all examination reports established by the first examiner during his 19 years of activity, with respect to abuse and mistakes;
(7) Verification whether a new application with similar features has been filed in any patent office in Europe after the filing date of the application of the appellant. [XV]

The request for reestablishment was not successful, nor were the other requests. To our best knowledge, the first examiner was not fired. ;-)

Sometimes inventors might be better off if they chose to be represented by a professional representative.

To read the whole decision (in German), click here.