T 1041/12 - "Full container" is unclear (first blog post)

Blog headnote: 
Referring in the claim to a "full container", renders the claim unclear.

Analysis: The Board seems non-receptive to the argument that in commercial and economic reality, it is clear when a container is full. Citing an EU Directive that sets the maximum fill level of an aerosol dispenser did not convince the Board.

T 1041/12 - online 06.03.2015

Dated 04.09.2014 - Board 3.3.10 (Mercey, Perez Carlon, Rogers) - click here for the decision

Summary of Facts and Submissions

I. The appellant (applicant) lodged an appeal against the decision of the examining division to refuse European patent application No. 05 764 128.

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