R 0005/16 (Petition clearly unallowable) of 24.10.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:R000516.20161024
- Date of decision
- 24 October 2016
- Case number
- R 0005/16
- Petition for review of
- T 0403/13 2015-10-06
- Application number
- 07700163.4
- IPC class
- A61L 24/08
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- LAYERED ADHESIVE CONSTRUCTION WITH ADHESIVE LAYERS HAVING DIFFERENT HYDROCOLLOID COMPOSITION
- Applicant name
- Coloplast A/S
- Opponent name
- Hollister Incorporated
- Board
- -
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 112a(2)(c)European Patent Convention Art 112a(4)European Patent Convention Art 113(1)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention R 106European Patent Convention R 107European Patent Convention R 109(2)(a)Rules of procedure of the Enlarged Board of Appeal Art 13Rules of procedure of the Enlarged Board of Appeal Art 14(2)
- Keywords
- Fundamental violation of the right to be heard (no)
- Catchword
- A party to appeal proceedings should be aware of the methodology established in the case law of the boards of appeal for examining inventive step and should be prepared to submit its relevant arguments in this respect (Reasons, point 18).
A mere subjective surprise of a party in respect of an issue in the reasoning of the decision under review, which the party objectively could have known and on which the party was given an opportunity to comment, does not in itself amount to a violation of Article 113(1) EPC (Reasons, point 19).
Order
The Enlarged Board of Appeal as composed under Rule 109(2)(a) EPC unanimously decides:
The petition for review is rejected as clearly unallowable.