In revocation proceedings, a plaintiff who, referring to a specific citation, has argued in the statement of grounds for the action that the subject-matter of a dependent patent claim is obvious, is as a matter of principle not required to rely on further citations relating to that claim until an indication to the contrary by the court if the patent court has stated in the indication issued under Sec. 83(1) Patent Act that the subject-matter of the dependent claims, like the subject-matter of the main claim, is likely to be judged non-patentable.
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Official headnotes. Translated from the German by David Wright.
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Patent Act Sec. 117; Code of Civil Procedure Sec. 531(2). “Wind Turbine Blade Assembly [Windturbinenschaufelmontage]”. IIC 54, 276–291 (2023). https://doi.org/10.1007/s40319-023-01288-w
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DOI: https://doi.org/10.1007/s40319-023-01288-w