T 1088/06 of 20.04.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T108806.20070420
- Date of decision
- 20 April 2007
- Case number
- T 1088/06
- Petition for review of
- -
- Application number
- 02001200.1
- IPC class
- F16L 9/12
- 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
- Corrugated polymeric tubing having at least three layers with at least two respective layers composed of polymeric materials dissimilar to one another
- Applicant name
- ITT MANUFACTURING ENTERPRISES, INC.
- Opponent name
- -
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 76(1) 1973European Patent Convention R 88 1973
- Keywords
- Extension beyond the earlier application as filed - no
- Catchword
- If information in the earlier application is objectively recognisable by the person skilled in the art as information that is incorrect, and if the person skilled in the art would derive the correct information directly and unambiguously, using common general knowledge, and seen objectively and relative to the date of filing, from the whole of the documents of the earlier application as filed, then the correct information belongs to the content of the earlier application and may be used to decide whether a divisional application extends beyond the content of the earlier application as filed, Article 76(1) EPC.
- Cited cases
- G 0003/89
- 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 first instance for further prosecution.