UPC CFI, LD Mannheim, 18 December 2025: No added matter - sufficient disclosure
11-04-2026 Print this page
Counterclaim for revocation unfounded (Article 65 UPCA), Patent infringed (Article 25 UPCA). No added matter (Article 138(1)(c) EPC): same conclusion as the BoA of the EPO in the opposition decision regarding the patent-in-suit. Sufficient disclosure (Article 138(1)(b) EPC): Consistent with said claim construction, at least one way for carrying out the claimed premixed burner is disclosed, such that the persons skilled in the art can implement its structure and make routine calibrations to fit the number, shape and pattern of the disk holes to desired flow conditions at the inlet of the burner (reference to such calibration process is made in para. [0015] of the patent-in-suit). Therefore, the claimed configuration is sufficiently disclosed.
