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Other appeal · Board of Appeal · 2020-03-16
R1762/2018-3
Contested design: 003747088-0001
CDRAppellant: applicant
Outcome
Appeal dismissed
The appeal is dismissed.
Show verbatim operative text
Dismisses the appeal.
CostsNot specified
Parties
Applicant · invalidity challenger
Apple Inc.via PDF extraction
United States (US)
One Apple Park Way, Cupertino, California 95014, United States (of America)
Holder · RCD owner
No opposing holder — Other appeal · Board of Appeal.
Legal grounds invoked
Article 8(1)Article 8(2)Article 12(2)Article 42
Argument summary
- ›Apple (design holder/appellant) argued that priority based on US patent application No 29/574,078 (US 078, filed 11 August 2016) should also be accepted for designs 1, 3, 20 and 21 (views overlapping with continuation US 214), contending this was either compliant with Article 8 CDIR formalities or constituted a correctable obvious mistake under Article 12(2) CDIR.
- ›The Office examiner maintained that the additional priority claim based on US 078 for designs 1–21 was submitted outside the one-month time-limit under Article 8(2) CDIR and could not be treated as a correction of an error.
- ›The Board confirmed that the design holder expressly claimed priority for designs 1–21 solely on US 214 in the application form; adding US 078 as a second basis for those designs required a new declaration under Article 8(2) CDIR, which was not made within the time-limit; and the change could not be treated as an obvious mistake under Article 12(2) CDIR.
- ›The appeal was dismissed; the examiner's rejection of the priority claims based on US 078 for designs 1, 3, 20 and 21 was upheld.
Deciding panel
- ChairTh. M. Margellos
- RapporteurG. Humphreys
- MemberE. Fink
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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