T 0640/05 of 29.04.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T064005.20080429
- Date of decision
- 29 April 2008
- Case number
- T 0640/05
- Online on
- 2 June 2008
- Petition for review of
- -
- Application number
- 95913564.1
- IPC class
- B05D 3/06
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Ion beam process for deposition of highly abrasion-resistant coatings
- Applicant name
- Morgan Advanced Ceramics, Inc.
- Opponent name
- LEYBOLD OPTICS GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 104(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)
- Keywords
- Novelty (main and second auxiliary request - yes)
Admissibility of amendment of second auxiliary request (yes)
Inventive step (main request - no, second auxiliary request - yes)
Request for apportionment of costs (refused) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The request for apportionment of costs is refused.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to maintain the patent on the basis of the following documents:
Description:
columns 1 to 22 as filed during the oral proceedings
Claims:
claim 1 as filed as second auxiliary request during the oral proceedings
Drawings:
Figure 1 as granted