Applying a purposive construction of the claims the Court found no infringement similar to the conclusion in prior parallel proceedings between the parties in the Netherlands, Germany and the United Kingdom. The issue of added matter was left to be addressed in a separate judgment. Click here for the full text of this case. A summary…

The Court cited the parallel proceedings between the parties in the United Kingdom, where the approach of the EPO Board of Appeal in T331/87 Houdaille/Removal of Feature [1991] EPOR 194 was applied, and concluded that the changes in the patent amount to added matter. Click here for the full text of this case. A summary of…