T 0117/03 of 10.06.2003
- European Case Law Identifier
- ECLI:EP:BA:2003:T011703.20030610
- Date of decision
- 10 June 2003
- Case number
- T 0117/03
- Online on
- 8 July 2003
- Petition for review of
- -
- Application number
- 89118593.6
- IPC class
- C08L 67/02
- 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
- Polybutylene terephthalate moulding compositions with an improved flowability
- Applicant name
- SUMITOMO WIRING SYSTEMS, LTD.
- Opponent name
- GENERAL ELECTRIC COMPANY
BASF Aktiengesellschaft, Ludwigshafen - Board
- 3.3.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention R 67 1973European Patent Convention R 89 1973
- Keywords
- Wrong claim 1 in Druckexemplar of interlocutory decision
Correction not within the competence of formalities officers
Substantial procedural violation (yes)
Reimbursement of appeal fee (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 Opposition Division with the order to correct the "Druckexemplar" attached to the interlocutory decision of 2 July 2002 by amending Claim 1 in accordance with its version as submitted as main request (Annex IV) at the oral proceedings on 5. July 2001.
3. The appeal fee is to be reimbursed.