Translation of "Zweiter halbsatz" in English

The indications provided for in (f) and (g) shall be used only in accordance with the relevant conditions laid down in the second clause of the sentence which constitutes Article 10(1)(a).

The dumping margin could also not be established by a comparison of individual normal values and individual export prices to the Union on a transaction-to-transaction basis in accordance with Article 2(11) second part of the first sentence of the basic Regulation, given the lack of sufficient domestic transactions for normal value corresponding to the export transactions as demonstrated in recital 28.

The dumping margin could also not be established by a comparison of individual normal values with individual export prices to the Union on a transaction to transaction basis in accordance with Article 2(11) second part of the first sentence of the basic Regulation (the second symmetrical method).

Thus, from this decision it follows that animal varieties are patentable if they are the product of a microbiological process within the meaning of Article 53(b), second half-sentence.

In the board's view, this indicates that the historical legislator did not want the concept of "microbiological processes" under Article 53(b) second half-sentence, EPC, to be extended to include such technical processes either.

In the case of sentence 1 second half-sentence, the prescribing veterinarian shall immediately transmit a copy of the prescription to the authority responsible pursuant to Section 64 sub-section 1 for supervising compliance by the animal keeper with the regulations on medicinal products.

It should be noted, moreover, that the withdrawal of the appeal does not come under the category of "relief sought", within the meaning of Article 114(1), second part of sentence, EPC, to which the EPO would not be restricted in the examination of the facts, but constitutes a procedural act not requiring the consent of the relevant Board of Appeal (cf. point 3 above).

Consequently, the concept of "microbiological processes" under Article 53(b) second half- sentence, EPC, interpreted according to objective teleological criteria (see point 32 supra), may not be extended to include all the steps of such technical processes.

The court reasoned that Art.53(b), second half-sentence, EPC, refers only to ?processes?.

To expand the "exception to the exception" of Article 53(b) EPC, second half sentence so far as to hollow out and nullify completely the prohibition on the grant of patents for plant and animal varieties, seems to go beyond any legitimate form of interpretation.

The board is satisfied that the proper course of action, in view of the recent important developments in the field of microbiology, is to interpret Article 53(b), second half- sentence, EPC, according to objective teleological criteria and that this way of interpreting is consistent with the legislative intent underlying this provision.

Starting from the assumption that Article 53(b), 2nd half-sentence, EPC is lex specialis, it could be concluded that the lex generalis in the first half-sentence of the provision does not apply to situations covered by the lex specialis.

This practice is consistent with the objective teleological interpretation of Article 53(b) EPC, second half- sentence, in particular with the principle of equal treatment (see paragraph 32 supra), and is, therefore, fully acceptable.

In some statements, the view was taken that methods of genetic engineering had to be considered microbiological processes within the meaning of Article 53(b), 2nd half-sentence, EPC.

Under the EPC the filing date of the root application is the only filing date which can be attributed to a divisional application, by way of the legal fiction contained in Article 76(1), second sentence, second half sentence, EPC, irrespective of whether the divisional application is a first divisional or a divisional further down in a sequence of divisionals.

The appellant rightly points out that the original documents do not have to comply with the formal requirements of the provisions governing the application (Rule 26 ff EPC) (Article 80(d), second half-sentence, EPC).

In the board's judgment, the concept of "microbiological processes" under Article 53(b), second half-sentence, EPC, refers to processes in which micro-organisms as defined above (see point 34 supra), or their parts, are used to make or to modify products or in which new micro-organisms are developed for specific uses.

In the second half of the sentence of Mt 11,11 there is talk about the kingdom of heaven.

In the first subparagraph of Article 8(1), the second part of the first sentence is replaced by the following:

We did not, as you will see if you read the second clause, call for the old upper ceiling; we said the Commission might like to consider setting a new, reasonable upper ceiling.

I get the impression that the second half of that sentence is missing: ‘whether that Perspective be good or bad’.

We believe that the first half-sentence of paragraph 13 can be deleted on the grounds that otherwise the second half of the sentence would simply repeat the demand for a reduction in structural and shortterm overtime.

For these reasons, the exception to the exception to patentability under Article 53(b), second half-sentence, EPC, applied to the claimed plant cells, plants and seeds and patentability under Article 52 EPC was therefore restored for them.

The board cannot accept this submission because plant varieties, regardless of whether or not they may represent a selection invention, are excluded from patentability by virtue of Article 53(b), first half-sentence, EPC, unless the exception under Article 53(b), second half-sentence, EPC, applies.

In response to a communication dated 10 January 1996 from the Enlarged Board of Appeal, the Appellant in case T 850/95 submitted that appeals from decisions under Rule 89 EPC were appropriately covered by the second clause of Article 21(3)(b) EPC, which provides for a composition of three technically qualified and two legally qualified members when the Board considers that the nature of the appeal so requires.

The second part of the sentence, concerning the relief sought by the parties, would also seem to offer little scope for wider interpretation, since it clearly refers, in all three languages, solely to the examination of the facts.

In decision T 19/90 (supra, see point 4.10 of the reasons), it is pointed out that the second half-sentence of Article 53(b) EPC is an exception to the exception to patentability provided for by the first half-sentence of this provision.

Even though the first half of the sentence reads "when the dead will hear the voice of the Son of God", the second half of the sentence specifies "and those who hear will live".