T 1026/04 of 11.08.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T102604.20050811
- Date of decision
- 11 August 2005
- Case number
- T 1026/04
- Petition for review of
- -
- Application number
- 93303692.3
- IPC class
- B32B 7/14
- 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
- Use of improved liquid impermeable and liquid vapour permeable laminates as roofing underlay material
- Applicant name
- DON & LOW LIMITED
- Opponent name
- 01 Hunt Technology Limited
02 Ewald Dörken AG
03 BBA Nonwovens Berlin GmbH - Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 88 1973
- Keywords
- Novelty (no) - Main request and auxiliary requests 1 and 8
Inventive step (no) - Auxiliary requests 2, 4, 6, 7, 9, 10, 11 and 12
Broadening of scope of protection (yes) - Auxiliary request 13
Auxiliary requests 5, 14 and 22: Not admissible - Late filing not justified
Withdrawal of opposition (yes) - Auxiliary request 23 - Catchword
- -
- Cited cases
- -
- Citing cases
- T 0795/06
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside
2. The fifth and fourteenth to twenty-second auxiliary requests are not admitted into the proceedings
3. The case is remitted to the first instance with the order to maintain the patent on the basis of the following documents:
- Claims 1 to 12 of the 23rd auxiliary request as filed during the oral proceedings,
- the drawing as granted, and
- the description, after any necessary consequential amendment.