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Date of decision
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12 February 2004
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Case number
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T 0081/03
- 3.5.1
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Application number
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91908374.1
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Title of the application
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Semiconductor memory device
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Applicant name
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Rambus Inc.
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Opponent name
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MICRON EUROPE Ltd et al
Infineon Technologies AG
Hynix Semiconductor Deutschland GmbH
MICRON Semiconductor Deutschland GmbH
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Keywords
Amendments - extension of scope of protection (no)
Late filed requests - admissibility (auxiliary requests 3 to 5:
no)
Decision re appeals - remittal (no)
Inventive step - (main request and auxiliary request 1: no
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Catchwords:
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1. Amendments to a European patent may be based on the whole
reservoir of features originally disclosed in the corresponding
application provided that Article 123(3) EPC is not infringed by
such amendments, due account being taken of the stipulations of
Article 69(1) EPC (point 3.9 of the reasons).
2. The general, abstract concern that the addition of a feature
to a claim after grant leads to an extended scope of protection
as the resulting combination of features might give rise to a
different evaluation of equivalents in infringement proceedings
is not in itself a sufficient reason for not allowing the
addition of limiting features under Article 123(3) EPC (point
3.7 of the reasons).
3. Requests raising new issues which would require a further
written phase in order to be properly dealt with are to be
regarded as belated even if filed at a point in time just before
the minimum period set by the Board in a summons to oral
proceedings (point 2.4 of the reasons).
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