T 0014/02 of 05.11.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T001402.20031105
- Date of decision
- 5 November 2003
- Case number
- T 0014/02
- Petition for review of
- -
- Application number
- 96200762.1
- IPC class
- B28B 3/02
- 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
- Isostatic die means
- Applicant name
- Algeri, Maris
- Opponent name
- Officine Meccaniche f.lli Rossi fu Cesare S.p.A.
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Fresh grounds filed for the first time in appeal proceedings - not admitted
Request at oral proceedings to file further auxiliary requests - not allowed
Inventive step - main and auxiliary requests (no) - Catchword
- During oral proceedings before the board a party, here the respondent, asked permission to file further requests aimed at defining more narrowly the claimed subject-matter. This request was refused for two reasons: firstly, the need for further requests had been foreseeable before the oral proceedings, since the Board, in a communication, had given a negative reasoned provisional opinion why the main request did not appear to involve an inventive step and secondly, the proposed subject-matter of the requests could lead to further searches being necessary by the other party with the possibility of remittal so that the requests were not prima facie allowable.
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. European patent No. 0 720 896 is revoked.