T 0313/06 of 22.07.2008

European Case Law Identifier: ECLI:EP:BA:2008:T031306.20080722
Date of decision: 22 July 2008
Case number: T 0313/06
Online on: 1 October 2008
Petition for review of: -
Application number: 97105698.1
IPC class: A46D 1/00
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: Interdental brush wire and interdental brush
Applicant name: SUNSTAR INC.
Opponent name: Althoff + Lötters Gmbh & Co. KG
Board: 3.2.06
Headnote: -
Relevant legal provisions: European Patent Convention Art 56 1973
Keywords: Main request - inventive step (no)
Auxiliary request - inventive step (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 opposition division with the order to maintain the patent on the basis of:

(a) claims 1 to 5 of the amended first auxiliary request as filed during the oral proceedings;

(b) the description consisting of pages 2, 2a, 3, 4, 5, 7, 9, 14 as filed during the oral proceedings and pages 6, 8, 10, 11, 12, 13 and 15 as granted;