T 0687/05 of 28.09.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T068705.20070928
- Date of decision
- 28 September 2007
- Case number
- T 0687/05
- Petition for review of
- -
- Application number
- 99113776.1
- IPC class
- B66B 11/00
- 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
- Traction sheave elevator
- Applicant name
- Kone Corporation
- Opponent name
- INVENTIO AG
ORONA E.I.C. S. Coop.
Otis Elevator Company - Board
- 3.2.06
- Headnote
The findings of the Enlarged Board of Appeal in G 0001/05 and G 0001/06, although made in regard to patent applications, are also valid for granted patents. Thus, in order to meet the requirements of Article 100(c) EPC, it is a necessary and sufficient condition that anything disclosed in the granted patent must be directly and unambiguously derivable from not only the application on which the patent has been granted but also from what is disclosed in each of the preceding applications as filed (see item 3.1 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 111 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 113(2) 1973European Patent Convention Art 76(1) 1973European Patent Convention R 67 1973
- Keywords
- Basis of decision under Article 100(c) EPC leading from G 0001/05 and G 0001/06
Procedural violation (no)
Remittal to first instance - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance for continuation of the opposition proceedings.
3. The request for reimbursement of the appeal fee is rejected.