tag:blogger.com,1999:blog-2352189175211648260.post8606166699153260311..comments2023-10-24T14:45:41.342+02:00Comments on K’s Law: T 2020/07 – Cutting Out Trade Marksorhttp://www.blogger.com/profile/07992102028406713066noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2352189175211648260.post-36783361116526320982012-03-02T13:43:06.485+01:002012-03-02T13:43:06.485+01:00One has to wonder whether such a hyperformalistic ...One has to wonder whether such a hyperformalistic treatment of disclaimers is in agreement with the spirit of G1/03. <br /><br />The Enlarged Board allows applicants to "restore novelty by delimiting a claim" in case of prior rights. <br /><br />But by insisting on both clarity (which may not be present in the prior right) and strictly prohibiting that too much is cut away, the board makes it effectively impossible to exercise the rights the Enlarged board gave him.<br /><br />I do not see how the applicant could have reworded his claim. Yet, he is allowed to restore novelty, so there should be such a way.Anonymousnoreply@blogger.com