T 0496/04 of 18.07.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T049604.20060718
- Date of decision
- 18 July 2006
- Case number
- T 0496/04
- Petition for review of
- -
- Application number
- 93921213.0
- IPC class
- C22C 21/00
- 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
- Tough aluminum alloy containing copper and magnesium
- Applicant name
- Alcoa Inc.
- Opponent name
- PECHINEY
- Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 56 1973
- Keywords
- Inventive step (yes)
Reformatio in peius (no)
Technical expert - replacement (yes) - Catchword
- -
- 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 first instance with the order to maintain the patent on the basis of the following documents:
- claim 1 according to the first auxiliary request, filed as second auxiliary request with letter of 16 June 2006, and claims 2 to 8 filed during the oral proceedings;
- description: pages 2 to 7 as filed on 4 December 2003 and pages 8 and 9 of the patent specification as granted;
- drawings: Figures 1 to 3b of the specification as granted.