T 0511/01 of 16.12.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T051101.20031216
- Date of decision
- 16 December 2003
- Case number
- T 0511/01
- Petition for review of
- -
- Application number
- 93115191.4
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Architectural material using metal oxide exhibiting photocatalytic activity
- Applicant name
- TAKENAKA CORPORATION
- Opponent name
- SAINT-GOBAIN VITRAGE
RHODIA CHIMIE - Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 52 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Main request (not new)
First auxiliary request (added subject-matter)
Second auxiliary request (inventive step, yes) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in an amended form with the following documents:
- Claims 1 to 10 according to the second auxiliary request filed during the oral proceedings;
- Description: pages 2 to 4 and 8 to 10, as filed on 21. August 2003, and pages 5 and 11, as filed on 24 September 2003;
- Drawings, as filed on 21 August 2003.