T 0659/07 of 28.05.2009
- European Case Law Identifier
- ECLI:EP:BA:2009:T065907.20090528
- Date of decision
- 28 May 2009
- Case number
- T 0659/07
- Petition for review of
- -
- Application number
- 99941416.2
- IPC class
- F03D 11/00
- 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
- Lightning protection for wind turbine blade
- Applicant name
- LM GLASFIBER A/S
- Opponent name
- Vestas Wind Systems A/S
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c) 1973European Patent Convention Art 107 1973European Patent Convention Art 123(2) 1973
- Keywords
- Patent maintained in amended form in accordance with auxiliary request
Appeal by the patentee
No evidence for substantial procedural violations; remittal to Opposition Division (no)
Main and first auxiliary requests - added subject-matter (yes)
Exception to the principle of prohibition of reformatio in peius (no); remittal (no) - Catchword
- If the patentee is the sole appellant, the patent as maintained by the opposition division in its interlocutory decision cannot be objected to by the Board of Appeal either at the request of the respondent/opponent or ex officio, even if the patent as maintained would otherwise have to be revoked on the ground that a feature present in both claim 1 as granted and as maintained amended introduces added subject-matter contrary to Article 123(2) EPC.
ORDER
For these reasons it is decided that:
The appeal is dismissed.