Key points
- The Examining Division refused the application for lack of line numbers under Rule 49(7) EPC.
- The Board confirms that Rule 49(7) EPC is not a ground for refusal, if only because the rule itself says (in English): "The lines of each sheet of the description and of the claims shall preferably be numbered in sets of five"
- Moreover, the EPO itself explains that with PatXML no line numbers can be added and that line numbers are not actually required (link)
- "Rule 49 states that lines should "preferably" be numbered. In other words, it is not mandatory. As we move away from paper-based systems, line (and page) numbers become redundant/meaningless. That is why we introduced paragraph numbering some years ago. Data can be viewed sequentially on a computer screen and, however it is reformatted, the paragraph numbers remain the same. This would not be the case with page and line numbering."
- The website about PatXML was last updated on 26.01.2011
- For some reason, PatXML never took off but I understand that the EPO is trying to finally abolish the paper-based formatting requirements of Rule 49 in the course of 2022.
- The Board does not remit the case, and examines novelty and inventive step, finding the claims at issue to be not patentable.
EPO T 3181/19
The link to the decision is provided after the jump, as well as (an extract of) the text of the decision.
source http://justpatentlaw.blogspot.com/2022/05/t-318119-farewell-to-rule-497.html
