T 1808/06 of 14.02.2008
- European Case Law Identifier
- ECLI:EP:BA:2008:T180806.20080214
- Date of decision
- 14 February 2008
- Case number
- T 1808/06
- Petition for review of
- -
- Application number
- 92903433.8
- IPC class
- B32B 1/04
- 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
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- Abstracts for this decision
- -
- Application title
- Oxygen-absorbing label
- Applicant name
- Multisorb Technologies, Inc.
- Opponent name
- Mitsubishi Gas Chemical Company, Inc.
- Board
- 3.3.09
- Headnote
When the description has to be amended with regard to the requirement of Article 84 EPC that the claims have to be supported by the description, reference to Article 69(1) EPC as justification for a less stringent adaptation of the description is misleading insofar as it can be understood to suggest a direct applicability of its contents at the examination or opposition stage. This is clearly not the case as Article 69(1) EPC relates to the scope of protection.
It is only in situations where the removal of inconsistencies is not possible for procedural reasons (eg no amendment possible of the granted version) that - purely as an auxiliary construction - Article 69(1) EPC can be invoked for an interpretation of the claimed subject-matter.
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 69(1)European Patent Convention Art 84 1973
- Keywords
- Adaptation of description: Reliance on Article 69(1) (no) - Reliance on Article 84 (yes)
Different interpretations of relative terms by inappropriate amendment of passages in the description - not admissible under Article 123(2) - Catchword
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- Cited cases
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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 the following documents:
- Claims 1 to 7 according to the decision T 139/01 of 12 May 2005;
- Description and Drawings pages 2, 2A, 3 to 10 and 14, 15 according to the auxiliary request filed in the oral proceedings.