T 1464/05 (Hydrogen-absorbing composition/PRYSMIAN) of 14.05.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T146405.20090514
- Date of decision
- 14 May 2009
- Case number
- T 1464/05
- Petition for review of
- -
- Application number
- 94109180.3
- IPC class
- G02B 6/44
- 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
- Hydrogen-absorbing composition for optical fiber cables and optical fiber cables incorporation such compositions
- Applicant name
- Prysmian S.p.A.
- Opponent name
- Alcatel Kabel Beteiligungs-AG
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973
- Keywords
- Added subject-matter (main request: yes)
Prior use: delivery possibly for test purposes by way of ordinary commercial transaction - availability to the public (yes)
Inventive step: public prior use as closest state of the art (yes) - treatment of extrinsic features - obviousness (auxiliary requst: no)
Apportionment of costs (yes, in part) - Catchword
- Points 4.2; 5.2.2; 5.3.2 and 5.3.4
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent in the following version:
- description: pages 2, 2a and 3 to 12 filed during the oral proceedings of 14 May 2009,
- claims: No. 1 to 16 of the first auxiliary request filed during the oral proceedings of 26 June 2008 and
- drawings: figures 1 to 6 as granted.
3. The costs shall be apportioned so that the appellant shall bear its own costs and shall pay to the respondent 75% of the respondent's costs for the second first-instance opposition procedure and 50% of the costs incurred by the respondent in relation to the oral proceedings of 26 June 2008. The respondent shall bear the remainder of its costs.