T 0070/02 of 15.03.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T007002.20020315
- Date of decision
- 15 March 2002
- Case number
- T 0070/02
- Petition for review of
- -
- Application number
- 94917284.5
- IPC class
- A45D 34/04
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Improved product disperser with enlarged non-dispensing application/distribution surface
- Applicant name
- THE PROCTER & GAMBLE COMPANY
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1) 1973European Patent Convention Art 54 1973European Patent Convention Art 69 1973European Patent Convention Art 84 1973European Patent Convention R 51(3) 1973European Patent Convention R 68(2) 1973
- Keywords
- Novelty (yes)
Violations of the right to be heard-substantial procedural violation (yes)
Remittal to first instance (yes)
Reimbursement of appeal fee (yes) - Catchword
- -
- Cited cases
- T 0396/99
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. Claim 1 filed with letter of 30 September 1999 is novel with respect to D1.
3. The case is remitted to the first instance for further prosecution on the basis of the following documents:
Claims:
No. 1 to 5 filed with letter of 30. September 1999,
No. 6 to 10 filed with letter of 20. February 1998.
Description:
pages 1, 3 to 8 as published (WO-A-95/24141),
pages 2, 9, 10 filed with letter of 20. February 1998,
page 2a filed with letter of 30 September 1999.
Drawings:
Figures 1 to 4 as published (WO-A-95/24141).
4. The request for reimbursement of the appeal fee is allowed.