Examples of using Second auxiliary request in English and their translations into German
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Colloquial
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Official
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Ecclesiastic
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Medicine
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Financial
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Ecclesiastic
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Political
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Computer
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Programming
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Official/political
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Political
Second auxiliary request: novelty no.
Inventive step second auxiliary request, yes.
Second auxiliary request: not admitted as belated and not clearly allowable.
Inventive step- yes second auxiliary request.
Second auxiliary request or in the name of Akzo Nobel N.V. third auxiliary request. .
Therefore, there is no need to consider the second auxiliary request.
Second auxiliary request By contrast, examination of the second auxiliary request leads to a different result….
Claims 1 to 4 filed as second auxiliary request on 3. March 2003; and.
Imminent decision regarding the main, first auxiliary and second auxiliary requests.
Second auxiliary request: specific diseases never considered by the examining division- remittal to the department of first instance.
As matters stand, the Appellant's second auxiliary request has become purposeless.
The decision would instead have required reasoning as to the substance of the main,first auxiliary and second auxiliary requests.
The claims according to the second auxiliary request are in line with those allowed by the decision in the"Second Medical Indication" case.
As a result,the Board concludes that the subject-matter of claim 1 according to the second auxiliary request involves an inventive step in the sense of Article 56 EPC.
Concerning the first and second auxiliary requests, the opposition division was of the opinion that the requirements of Articles 100(c), 123(2),(3) and 100(b) EPC were satisfied.
Subsequently, patent proprietor B filed a new first auxiliary request making the former first auxiliary request its new second auxiliary request.
Since the set of claims C constituting the second auxiliary request was not submitted before the Examining Division, the appeal is not allowable.
The Examining Division"stated that such an amendment could be entered, but only on condition that the Applicant's main,first auxiliary and second auxiliary requests were abandoned.
Claims 1 to 15filed on 5 October 2000 as then second auxiliary request with the description and Figures as for the main request. .
The second auxiliary request is restricted to claims which are directed to monoclonal antibodies and hybridomas and methods for preparing the monoclonal antibodies based merely on the deposited hybridoma, i.e. claims 8, 11, 15 and 16.
The appellants requested that the decision under appeal be set aside and that a patent be granted on the basis of the claims of the Main or First Auxiliary Request filed on 30 May 2007 orthe claims of the Second Auxiliary Request filed on 3 July 2007.
The main request as well as the first and second auxiliary requests, in seeking protection for diagnostic methods within the meaning of Article 52(4) EPC, are not allowable.
The main request refused by the examining division and the second auxiliary request before the examining division were maintained in the appeal proceedings as main and auxiliary request respectively.
As regards the question whether the method claims of the main request and the first and second auxiliary requests are to be considered as constituting a diagnostic method practised on the human or animal body within the meaning of Article 52(4) EPC, the appellant's submissions may be summarised as follows.