T 0449/04 of 25.02.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T044904.20060225
- Date of decision
- 25 February 2006
- Case number
- T 0449/04
- Petition for review of
- -
- Application number
- 00127544.5
- IPC class
- C22C 38/08
- 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
- Maraging steel having high fatigue strength and maraging steel strip made of same
- Applicant name
- HITACHI METALS, LTD.
- Opponent name
- -
- Board
- 3.2.02
- Headnote
The "same invention" considered in Article 87(1) EPC (the same requirement as for "the same subject matter" in the first application) does not encompass the comparative examples which are clearly and definitely excluded from the scope of the invention in the earlier application D1.
- Relevant legal provisions
- European Patent Convention Art 54(2) 1973European Patent Convention Art 54(3) 1973European Patent Convention Art 87 1973
- Keywords
- Priority right (yes)
First application - same invention - Catchword
- -
- Citing cases
- T 1821/15
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The priority of the Japanese patent application 36799799 is validly claimed in the patent application in suit.
3. The case is remitted to the first instance for further prosecution.