T 0007/05 of 16.05.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T000705.20070516
- Date of decision
- 16 May 2007
- Case number
- T 0007/05
- Online on
- 21 June 2007
- Petition for review of
- -
- Application number
- 95902988.5
- IPC class
- C22C 38/00
- 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
- Rail of high abrasion resistance and high tenacity having pearlite metallographic structure and method of manufacturing the same
- Applicant name
- NIPPON STEEL CORPORATION
- Opponent name
- SMS Demag AG
Voest-Alpine Schienen GmbH - Board
- 3.2.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention R 88 1973
- Keywords
- Novelty, inventive step (yes) after amendment
- 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 first instance with the order to maintain the patent on the basis of the following documents:
- Claims 1 to 4 according to the auxiliary request filed during the oral proceedings.
- Description pages 2 to 8 according to the auxiliary request filed during the oral proceedings;
- Figure 1 as granted.