Decision of 29.06.2022 by an opposition division of the European patent office

Genip Oy represented the proprietor of European patent EP3438535 in opposition proceedings before the European patent office. The opponent had referred, among other documents, to a conference publication, on which on p. 81 some elements used in the boiler construction of a power plant while on p. 85-86 some other elements used in the boiler construction of a power plant were disclosed. The opposition division concluded that the conference publication does not contain a clear and unambiguous link between the different elements. The opposition was rejected. The decision is not yet final on 27.07.2022.

In our view, when preparing submissions for opposition, appeal or invalidation proceedings, it is good practice to study the chosen publications critically with regard to the aspect whether the features disclosed in different parts of the publication have actually been disclosed to be parts of the same embodiment.