T 0788/04 of 07.03.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T078804.20060307
- Date of decision
- 7 March 2006
- Case number
- T 0788/04
- Online on
- 12 April 2006
- Petition for review of
- -
- Application number
- 95905924.7
- IPC class
- B29C 49/22
- 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
- Multilayer preform and container with polyethylene naphthalate (PEN), and method of forming same
- Applicant name
- CONTINENTAL PET TECHNOLOGIES, INC.
- Opponent name
- PEPSICO, INC.
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 84 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Addition of subject-matter (no)
Clarity (yes)
Novelty (yes)
Inventive step (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 department of first instance with the order to maintain the patent in amended form on the basis of the following documents:
(a) claims 1 to 26 as filed at the oral proceedings;
(b) description: pages 3 to 9 as filed at the oral proceedings; and
(c) drawings: Figures 1 to 10 as granted.