T 0108/04 (Powder paint/DSM) of 12.10.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T010804.20061012
- Date of decision
- 12 October 2006
- Case number
- T 0108/04
- Petition for review of
- -
- Application number
- 95937209.5
- IPC class
- C09D 5/03
- 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
- Process for coating a substrate with a powder paint composition
- Applicant name
- Koninklijke DSM N.V., et al
- Opponent name
- HUNTER DOUGLAS Industries B.V.
- Board
- 3.3.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 84 1973European Patent Convention R 88 1973
- Keywords
- Clarity of the claims - no ground for opposition unless arising from amendments made during opposition or appeal proceedings
Sufficiency of disclosure (yes) - no evidence to the contrary submitted
Novelty (yes)
Inventive step (yes) - non-obvious solution - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The correction under Rule 88 EPC is accepted.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to maintain the patent as amended in the following version:
Description: As filed at the oral proceedings before the Board;
Claims: Nos. 1-13 as maintained by the department of first instance, with claim 7 corrected.