T 0193/07 (Arsenic-free glasses/CORNING) of 11.05.2011
- European Case Law Identifier
- ECLI:EP:BA:2011:T019307.20110511
- Date of decision
- 11 May 2011
- Case number
- T 0193/07
- Petition for review of
- -
- Application number
- 97932585.9
- IPC class
- C03C 1/00
- 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
- Arsenic-free glasses
- Applicant name
- Corning Incorporated
- Opponent name
- Nippon Electric Glass Co., Ltd.
Schott AG - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 100(b)European Patent Convention Art 100(c)European Patent Convention Art 107European Patent Convention Art 111(1)European Patent Convention Art 112(1)(a)European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Admissibility of the appeal of opponent 2 (no) - not adversely affected
Subject-matter extending beyond the content of the application as filed - main request (yes) - auxiliary request 1 (no)
Sufficiency of disclosure (auxiliary request 1): yes
Novelty (auxiliary request 1): yes
Inventive step (auxiliary request): yes - non obvious alternative
Referral of a question to the EBA (no) - Catchword
- -
ORDER
For these reasons it is decided that:
1. The appeal of appellant II is rejected as inadmissible.
The request of appellant II to refer its question filed at the oral proceedings to the Enlarged Board of Appeal is rejected.
2. The decision under appeal is set aside.
3. The case is remitted to the department of first instance with the order to maintain the patent on the basis of claims 1 to 10 according to auxiliary request 1 filed at the oral proceedings and a description to be adapted.