IPKat: More on that referral
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Started by: zoobabzoobab
Date: 31 Oct 2008 00:08
Number of posts: 1
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The IPKat would like to know how the situation has changed since March 2007 to make such a referral admissible now, when it apparently wasn't before. The case law cited by Ms Brimelow is all from before 2007 (the most recent one being T 424/03, from February 2006, which is alleged to be inconsistent with T 1173/97), so where are all the recent conflicting (or 'diverging') decisions? Do the decisions even diverge, or are they merely developments of the case law? After reviewing the questions and their support in some detail, this Kat is of the opinion that the referral is not admissible and the questions cannot therefore be answered, at least not via this route. The big question then becomes how will the Enlarged Board choose to let Ms Brimelow down, and how will the anti-patent lobbyists react when this happens?
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