T 0012/03 of 03.02.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:T001203.20040203
- Date of decision
- 3 February 2004
- Case number
- T 0012/03
- Petition for review of
- -
- Application number
- 96902503.0
- IPC class
- B29C 73/10
- 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
- A method for repairing a local damage
- Applicant name
- Coöperatieve Vereniging Profile Repair U.A.
- Opponent name
- HBC International ApS
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 67 1973
- Keywords
- Inventive step - yes
Substantial procedural violation - no
Reimbursement of the appeal fee - no - Catchword
- -
- Cited cases
- T 0367/91
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 5 as granted, and claim 6 according to the first auxiliary request filed on 23 December 2003; and
(b) description, page 2 as granted, and page 3, column 3, lines 1 to 21 (with lines 22 to 25 being deleted) presented during oral proceedings; and
(c) drawings, Figures 1 and 2 as granted.
3. The request for reimbursement of the appeal fee is refused.