Examples of using Partial priority in English and their translations into German
{-}
-
Colloquial
-
Official
-
Ecclesiastic
-
Medicine
-
Financial
-
Ecclesiastic
-
Political
-
Computer
-
Programming
-
Official/political
-
Political
Claim 1 did not enjoy partial priority from D16.
Dualit contended that the claim was thusnot entitled to priority; Nestec that it was entitled to partial priority.
In section II,"Partial priority", it is pointed out.
Opposing views of the parties on partial priority.
As regards partial priority, the Memorandum points out.
Among the questions submitted by the parties, those relating to partial priority were ranked first.
In cases in which partial priority was to be acknowledged it was suggested that.
The board applied the conclusion of the Enlarged Board in G1/15(OJ2017, A82)in respect of the entitlement of a generic"OR"-claim to partial priority.
Multiple priorities for one claim- partial priority- application of G 1/15.
If the legal test for partial priority universally avoids the situation described in(i) to(iii), there would be no need to answer questions 4 and 5.
From this analysis it follows that the assessment of entitlement to partial priority right does not show that any additional requirements are needed.
A new line denying partial priority has emerged on the basis of the Enlarged Board's statement in G 2/98, supra, Reasons, point 6.7, which reads as follows.
In view of the wording of Article 88(2) and(3) EPC alone,the argument that partial priority is a concept not present in the European patent system cannot hold.
Even partial priority was denied because the further alternatives encompassed by the claim but not disclosed in the priority document could not be distinguished clearly enough.
The European patent was, or the European patent application is, a divisional application('Divisional')and the claim in question fails the legal test for partial priority as clarified above;
The first, and literal, approach could lead to denying partial priority for Claim 1, given that it encompasses a practically unlimited number of alternative compounds, which are not spelt out in it.
Depending on the specific circumstances, a Markush claim may include a limited number of technical solutions that are clearly separable and therefore represent alternatives in parallel,so that the Markush claim can enjoy partial priority.
In case T 184/06,(Reasons, point 6), partial priority was not acknowledged although the claim encompassed compositions disclosed in the priority document in narrower terms narrower alkoxylation range of a component; additional component.
In assessing whether a subject-matter within a generic"OR" claim may enjoy partial priority, the first step is to determine the subject-matter disclosed in the priority document that is relevant, i. e.
The present referral concerns the situation of partial priority, the expression"partial priority" being understood to refer to the situation in which only a part of the subject-matter encompassed by a generic"OR"-claim is entitled to the priority date of an earlier application.
Referral questions 1 to 4 have been framed interms which reflect the fundamental importance of issues of partial priority, which can arise whenever there is state of the art potentially relevant under either Article 54(3) or 54(2) EPC, and not only in situations falling under what has come to be referred to as"toxic priority", or"poisonous divisionals" present case.
Applying the approach of T 1222/11 to the facts of the case, partial priority had to be acknowledged for Claim 1 to the extent that it encompassed subject-matter disclosed in the priority document, in particular the use described therein of the compound of Example 1.