Examples of using Specific embodiments 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
Claims 15 to 17 concern specific embodiments of the micro-organisms of claim 14.
The Court, however, found that these values related to specific embodiments.
This allows, based on a broad standard range, that specific embodiments, can be adjusted according to the respective customer's design.
The term disclaimer, as used in G 1/03(supra, Reasons, point 2), means an amendment to a claim resulting in the incorporationtherein of a"negative" technical feature, typically excluding from a generally defined subject-matter specific embodiments or areas.
Claims 2 to 7 are dependent upon Claim 1 andrelate to specific embodiments of the invention according to Claim 1.
Claims 10 to 19 related to specific embodiments of the recombinant vector according to claim 9. Claims 20 to 25 and claims 26 to 27 related to transformed yeast strains transformed with the said recombinant vectors and to methods of forming them.
In particular, no principle can be acknowledged,which would be applicable a priori¸ to the effect that disclaiming disclosed specific embodiments, groups thereof or areas from a broader claim can never infringe Article 123(2) EPC.
In decision G 1/03(point 2. of the Reasons) the Enlarged Board of Appeal gave a definition of the term"disclaimer", which states that in accordance with consistent practice, the term"disclaimer" is used in the decision as meaning an amendment to a claimresulting in the incorporation therein of a"negative" technical feature, typically excluding from a general feature specific embodiments or areas.
The principles of that jurisprudence can and must be applied in the same manner to amendments of claims by disclaiming disclosed specific embodiments, groups thereof or areas as they apply to limitations performed by positively defined features.
Suppose the application contains a broad teaching applicable to mammals in general andmentions cattle as specific embodiments and the claims are directed to the treatment of mammals, a disclaimer necessary to exclude human beings in order to satisfy Article 53(a) EPC could not be based on the original text of the application which would only cover a broader limitation to cattle.
In the context of explaining why, for the purpose of delimiting the claimed-subject matter with respect to a conflicting application, a disclaimer is not in contradiction to Article 123(2) EPC, the Enlarged Board speaksvery generally of"an invention comprising"different specific embodiments or groups thereof" having been disclosed in the application as filed, a"part of which" is excluded from the requested protection.
As a consequence, it appears that the purpose of the example given in point2.1.3 of the Reasons of an invention comprising different specific embodiments or groups thereof disclosed in the application as filed, a part of which is excluded from the requested protection, must be understood as giving a typical example in which the disclaimer does not normally change the teaching of the subject-matter remaining in the claim and does not normally add information.
Where, for instance, as was said in decision G 1/03(point 2.1.3 of the Reasons), in the application as filed an invention has been disclosed and claimed in general terms anddifferent specific embodiments or groups thereof have also been disclosed, and one of these is later excluded from the requested protection by the disclaimer, the remaining subject-matter, i. e.
Even if it may be said that there is not normally a problem with the original disclosure for theremaining subject-matter when originally disclosed specific embodiments, groups thereof or areas are disclaimed from the scope of a more general claim reflecting a more general teaching which has equally been disclosed, the question can nevertheless not be decided schematically.
Whether that subject-matter was originally disclosed or not cannot be decided by following so-called rules of logic,in the sense that if an application discloses a general teaching and specific embodiments, groups thereof or areas, then all other potential embodiments, groups thereof or areas falling within the ambit of the general teaching(but not as such disclosed in the application as filed) would thereby, by implication, inevitably also be disclosed.
As regards disclaimers, it is, however, not generally so that only one specific embodiment is excluded from protection.
PDF documents, photos, editorial content etc.,as well as the partner portal itself in its specific embodiment.
The applicant may have a legitimate interest infurther pursuing a claimed generic invention and a specific embodiment thereof in related applications, either to obtain rapid grant for the specific embodiment or for funding or licensing purposes.
It was notpermissible to introduce into a claim a feature taken from a specific embodiment unless the skilled person would understand that the other features of the embodiment are not necessary to carry out the claimed invention, i. e.
Winkhaus is the legal rights' holder of all contents which can be found on the partner portal(e.g. PDF documents, photos, editorial content etc.,)as well as the partner portal itself in its specific embodiment.
The disputed negative feature"the entrance device forms a passage leading from the receiving station to theseparation device but not to the milking station" was not directly and unambiguously derivable from this specific embodiment.
Even if the amendments were mainly disclosed in the context of a specific embodiment, an applicant or patentee should not be restricted to amendments defining the embodiment as a whole or strictly the details thereof, since this would unduly deprive him of a fair and proper scope of protection.
Thus, the respondents are notentitled at least to claims directed to this specific embodiment.
Because universal labour-time itself can only display quantitative differences,the object to be recognised as its specific embodiment must be able to express purely quantitative differences, thus presupposing identical, homogeneous quality.