T 1134/06 (Internet citations) of 16.01.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:T113406.20070116
- Date of decision
- 16 January 2007
- Case number
- T 1134/06
- Petition for review of
- -
- Application number
- 01305949.8
- IPC class
- A63F 13/12
- 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
- Game system, game providing method, and information recording medium
- Applicant name
- Konami Corporation
- Opponent name
- -
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Strict standard of proof in respect of an internet disclosure
Remittal to the first instance - Catchword
- "In order to establish that an internet disclosure is state of the art under Article 54(2) EPC, the same questions must be answered as with prior use or prior oral disclosure, namely: When, What and Under which circumstances this disclosure has been made available to the public"
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 first instance for further prosecution.