T 1416/04 of 14.12.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T141604.20061214
- Date of decision
- 14 December 2006
- Case number
- T 1416/04
- Petition for review of
- -
- Application number
- 95120675.4
- IPC class
- A61F 13/15
- 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
- Absorbent sheet and process for producing the same
- Applicant name
- KAO CORPORATION
- Opponent name
- Kimberly-Clark Worldwide, Inc.
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention R 29(2) 1973European Patent Convention R 57a 1973
- Keywords
- Main and first to third auxiliary requests (lack of inventive step)
Fourth auxiliary request; presence of five independent claims considered allowable in respect of Rule 57a EPC; applicability of Rule 29(2) EPC (not required) - Catchword
- A request containing a plurality of independent product claims may be allowable under Rule 57a EPC in order to provide an amendment of a granted set of claims containing only one independent product claim, if the amended independent claims arise from deletion of previous claims. (see Reasons 5.1)
- Cited cases
- T 0257/04
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The main request and auxiliary requests 1 to 3 are rejected.
3. The case is remitted to the opposition division for continuation of the opposition proceedings.