T 0653/02 of 09.07.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T065302.20040709
- Date of decision
- 9 July 2004
- Case number
- T 0653/02
- Petition for review of
- -
- Application number
- 94919850.1
- IPC class
- C08G 64/30
- 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
- Process for producing polycarbonate
- Applicant name
- IDEMITSU PETROCHEMICAL CO., LTD.
- Opponent name
- Teijin Limited
- Board
- 3.3.03
- Headnote
No competence of the Board to examine a claim derived by combination of granted claim 1 with a sub-claim not being within the extent to which the patent had been opposed (Reasons 2).
- Relevant legal provisions
- European Patent Convention Art 101(1) 1973European Patent Convention R 55(c) 1973
- Keywords
- Extent to which patent is opposed - transcended by amendment
- Catchword
- -
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 as amended in the following version:
- Claims 1 to 6 submitted with the letter dated 26 September 2003,
- pages 3 to 7, 10 and 11 of the granted description,
- pages 2, 8 and 9 of the granted description as amended according to the submission dated 28 June 2004.