tag:blogger.com,1999:blog-771757636101685416.post2462273659355541339..comments2022-05-10T18:03:21.714+02:00Comments on GermanIP: All In or Cashing Out - T 144/09 and the ex parte procedureMichael Thesenhttp://www.blogger.com/profile/11216937613426928728noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-771757636101685416.post-63103116402416698452011-06-14T09:43:07.170+02:002011-06-14T09:43:07.170+02:00Well, this is correct - and corresponds to the &qu...Well, this is correct - and corresponds to the "all in" situation, because the entire patent is at stake at the appeal procedure. If it would be possible to have the patent according to the auxiliary request granted and appeal the decision to grant only to the extend that the main request was rejected, the principle of "non reformatio in peius" would keep the BoA from examining (and maybe rejecting) the auxiliary request.Michael Thesenhttps://www.blogger.com/profile/11216937613426928728noreply@blogger.comtag:blogger.com,1999:blog-771757636101685416.post-50290877673302531122011-06-13T10:16:23.707+02:002011-06-13T10:16:23.707+02:00In examination an applicant may keep his main and ...In examination an applicant may keep his main and auxiliary requests and obtain a decision refusing his main request with which he then may file an appeal.pat-agoni-ahttps://www.blogger.com/profile/14383461539323071512noreply@blogger.com