European Patent Office

T 1449/05 of 26.09.2006

European Case Law Identifier
ECLI:EP:BA:2006:T144905.20060926
Date of decision
26 September 2006
Case number
T 1449/05
Petition for review of
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Application number
01000595.7
IPC class
H05B 31/00
Language of proceedings
English
Distribution
Distributed to board chairmen and members (B)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
Arrangement in connection with discharge lamp
Applicant name
Teknoware Oy
Opponent name
Oy Convince Electronics Ltd.
Board
3.4.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 10aRules of procedure of the Boards of Appeal Art 10b
Keywords
Main request: inventive step (no)
First and second auxiliary requests: not admitted
Catchword
Discretion to permit amendment of a party's case pursuant to Article 10b(1) or (3) RPBA may be exercised against a proprietor who seeks to resile at a late stage in the opposition appeal procedure from a previous long-standing acknowledgement or persistent tacit admission of prior art.

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside

2. The patent is revoked.