T 1146/04 of 22.02.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T114604.20070222
- Date of decision
- 22 February 2007
- Case number
- T 1146/04
- Petition for review of
- -
- Application number
- 96302068.0
- IPC class
- B32B 27/32
- 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
- Polyolefin-based laminate film
- Applicant name
- TORAY INDUSTRIES, INC.
- Opponent name
- Treofan Germany GmbH & Co. KG
- Board
- 3.3.09
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(3) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Main request, auxiliary request 1: novelty established by product-by-process feature (no)
Auxiliary request 2: novelty, inventive step (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 European patent on the basis of the following documents:
- Claims 1 to 15 and 19 according to the subsidiary request 2 filed with the letter dated 22 June 2005;
- Claims 16 to 18 and 20 according to subsidiary request 2 filed with the letter dated 22 June 2005, after adaptation of their category to Claims 1 and 19, respectively;
- description after any necessary consequential amendment.