Dear all
the Carlsberg hearing on 8 of June poses some challenges. According to the EPO we might win on technical reasons, however, due to G3/19, the new Rule 28(2) will not be applied.
to allow us to introduce our legal grounds, we have to argue why Rule 28(2) should be applied on this patent.
End of next week I will send a letter to the EPO with some technicalities to be sorted out (translation etc) and also new legal analysis on G3/19 and EU Directive 98/44 (also using some existing text elements). Maybe this is not perfect, but it opens up the door for further discussions and interventions. By writing it, I had the impression that our arguments are even quite valid.
so please come back to me with your comments till Wednesday next week. Meanwhile I will start the editing process, sow e can be ready at end of next (as requested by EPO on telephone in a call yesterday).
I also will send an 'heads up mail' to the other oponents.
cheers
Christoph