T 1566/05 of 17.04.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T156605.20080417
- Date of decision
- 17 April 2008
- Case number
- T 1566/05
- Petition for review of
- -
- Application number
- 98956668.2
- IPC class
- A46B 9/04
- 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
- Toothbrush
- Applicant name
- GILLETTE CANADA COMPANY
- Opponent name
- GLAXO GROUP LIMITED
Colgate-Palmolive Company - Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 84 1973Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request - not allowed - Article 123(2) EPC
First auxiliary request - not admitted
Second auxiliary request - allowed - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted back to the opposition division with the order to maintain the patent on the basis of:
(a) claims 1 to 7 according to the second auxiliary request filed during the oral proceedings of 17 April 2008,
(b) the description consisting of columns 1 to 6 as filed during the oral proceedings of 17 April 2008,
(c) figures 1 to 7 as granted.