T 0923/05 of 10.05.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T092305.20070510
- Date of decision
- 10 May 2007
- Case number
- T 0923/05
- Online on
- 3 September 2007
- Petition for review of
- -
- Application number
- 96930087.0
- IPC class
- A46B 7/06
- 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
- Toothbrush
- Applicant name
- SmithKline Beecham Consumer Healthcare GmbH
- Opponent name
- UNILEVER N.V. Rotterdam/UNILEVER PLC London
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973
- Keywords
- Inventive step - main request, first and second auxiliary requests (no); third auxiliary request (yes)
- 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 department of first instance with the order to maintain the patent in the following version:
Description: columns 1 to 10 filed during oral proceedings
Claims: 1 and 2 filed with letter of 2 April 2007
3 to 12 filed with letter of 12 January 2006 (third auxiliary request)
Drawings: Figures 1 to 7 filed during oral proceedings