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Date of decision
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22 December 2004
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Case number
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T 0131/03
- 3.4.2
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Application number
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92117031.2
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Title of the application
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Photoconductor for electrophotografy
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Applicant name
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FUJI ELECTRIC CO., LTD.
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Opponent name
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Canon Kabushiki Kaisha
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Headnote
In inter-partes proceedings the burden of proof rests primarily
upon the opponent. However, when the latter has established a
strong presumption that unusual parameters as used to define the
claimed subject-matter are inherently disclosed in the prior
art, the patent proprietor cannot merely claim the benefit of
the doubt. It is incumbent upon him to contribute in
establishing to which extent such parameters, which he freely
chose to use in the definition of his invention, actually
distinguish the claimed subject-matter from the prior art
(points 2.3 to 2.8 of the Reasons).
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Keywords
Novelty: main request: no: definition in terms of unusual
parameters: inherent disclosure burden of proof
Auxiliary requests: not admitted because late-filed and raising
new issues
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