Tuesday, 17 December 2013

T 1510/09 – Possible Origin

In this revocation appeal claim 1 of the auxiliary request was directed at “screw caps that can be manufactured (susceptible d’être fabriquée) by injection” of a certain polyethylene composition.

The opponent raised a clarity objection.

*** Translation of the French original ***
[8] The expression “that can be obtained by” (susceptible d’être obtenue par) is common in claim drafting. Its purpose is to remove any ambiguity regarding the nature of the object that is to be protected. The expression “that can” (susceptible) means that the object necessarily has to have all the features resulting from that specific method without limiting the protection to the products obtained by such a method only. Thus the objection under A 84 is unfounded.

Should you wish to download the whole decision (in French), just click here.

The file wrapper can be found here.