T 0878/01 of 15.01.2004

European Case Law Identifier: ECLI:EP:BA:2004:T087801.20040115
Date of decision: 15 January 2004
Case number: T 0878/01
Online on: 29 April 2004
Petition for review of: -
Application number: 89112137.8
IPC class: B29C 49/16
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: Method of blow-moulding a biaxially oriented polyethylene terephthalate resin bottle-shaped container
Applicant name: Yoshino Kogyosho Co., Ltd.
Opponent name: SIDEL S.A.
Board: 3.2.05
Headnote: -
Relevant legal provisions: European Patent Convention Art 54 1973 European Patent Convention Art 56 1973 European Patent Convention Art 76(1) 1973 European Patent Convention Art 123(2) 1973 European Patent Convention R 25 1973
Keywords: Rule 25 EPC not a ground of opposition
Divisional application (extension beyond the content of the earlier application as filed: main request and first auxiliary request, yes; third auxiliary request, no)
Addition of subject-matter (third auxiliary request, no)
Novelty (second auxiliary request, no; third auxiliary request, yes)
Inventive step (third auxiliary request, yes)
Catchword: -
Cited cases: -
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 on the basis of the following documents:

(a) claims 1 to 12 submitted as third auxiliary request during oral proceedings;

(b) description, pages 2 to 4, submitted during oral proceedings;