T 0570/06 (Method for treating FAS glass/MINNESOTA MINING AND MANUFACTURING COMPANY) of 28.10.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T057006.20101028
- Date of decision
- 28 October 2010
- Case number
- T 0570/06
- Petition for review of
- -
- Application number
- 92913926.9
- IPC class
- C03C 17/30
- 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
- Method for treating fluoroaluminosilicate glass
- Applicant name
- MINNESOTA MINING AND MANUFACTURING COMPANY
- Opponent name
- THERA Patent GmbH & Co. KG
Dentsply International Inc.
Dental-Material Gesellschaft mbH - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 52(1)European Patent Convention Art 56
- Keywords
- Inventive step (no; main request and first auxiliary request) - technical problem not solved over the whole scope of the claims
"Inventive step (yes; second auxiliary request)
- improvement credibly achieved by non-obvious method" - Catchword
- -
- Cited cases
- T 0223/05
- 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 the first instance with the order to maintain the patent on the basis of the claims 1 to 26 according to the second auxiliary request filed by appellant 1 during the oral proceedings, and a description to be adapted.
3. The handwritten request of the appellant 2 filed during the oral proceedings is rejected.