T 0671/08 of 18.09.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T067108.20120918
- Date of decision
- 18 September 2012
- Case number
- T 0671/08
- Petition for review of
- -
- Application number
- 00931168.9
- 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
- An automotive glazing panel with solar control coating comprising a data transmission window
- Applicant name
- AGC Flat Glass Europe SA
- Opponent name
- SAINT-GOBAIN GLASS FRANCE
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 104(1)European Patent Convention Art 108European Patent Convention Art 111(1) 1973European Patent Convention Art 111(2) 1973European Patent Convention Art 113(1) 1973European Patent Convention Art 114(1) 1973European Patent Convention Art 114(2) 1973European Patent Convention Art 123(2)European Patent Convention Art 54(1) 1973European Patent Convention Art 54(2) 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 99Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(3)Rules of procedure of the Boards of Appeal Art 16(1)(a)Rules of procedure of the Boards of Appeal Art 16(2)Rules of procedure of the Boards of Appeal Art 23
- Keywords
- Sufficiency of disclosure (yes)
Novelty - main request and first auxiliary request (no), second auxiliary request (yes)
Apportionment of costs (yes) - occasioned by new objection by the opponent
Remittal (yes) - Catchword
- Late filed argument exceptionally admitted despite causing adjournment of the oral proceedings (reasons 7.1 to 7.5).
Unidentified "prior art" cited in the patent does not form part of the state of the art within the meaning of Article 54(2) EPC 1973 and cannot be used for basing an assessment of inventive step (reasons 6.4).
Remission for consideration of new prior art documents. - Cited cases
- T 0028/10
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 on the basis of the second auxiliary request filed with letter of 13 December 2011.
3. The costs of the oral proceedings of 11 January 2012 shall be borne by the opponent.