T 0839/05 of 05.10.2006
- European Case Law Identifier
- ECLI:EP:BA:2006:T083905.20061005
- Date of decision
- 5 October 2006
- Case number
- T 0839/05
- Petition for review of
- -
- Application number
- 99953078.5
- IPC class
- B23C 5/22
- 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
- Anti-rotation mounting mechanism for round cutting insert
- Applicant name
- KENNAMETAL INC.
- Opponent name
- Sandvik AB
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973
- Keywords
- Novelty (no) - main and auxiliary requests II, VI
Remittal (no)
Inventive step (no) - auxiliary request III, V
Late filed request (inadmissible) - auxiliary request IV
Referral of a question to the Enlarged Board of appeal (no)
Clarity (yes) - auxiliary request VII
Inventive step (yes) - auxiliary request VII - Catchword
- -
ORDER
For these reasons it is decided that:
1. The request for referral of a question to the Enlarged Board of Appeal is rejected.
2. The decision under appeal is set aside.
3. The case is remitted to the first instance with the order to maintain the European patent on the basis of the following documents according to auxiliary request VII:
claims: 1 to 13 as filed during the oral proceedings of 5 October 2006;
description: columns 1 to 6 and insert page as filed during the oral proceedings of 5 October 2006;
drawings: Figures 1 to 7 as granted.