T 1799/08 of 18.06.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T179908.20130618
- Date of decision
- 18 June 2013
- Case number
- T 1799/08
- Petition for review of
- -
- Application number
- 01916318.7
- IPC class
- D01F 6/62
- 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
- Fine denier yarn from poly(trimethylene terephtalate)
- Applicant name
- E.I. DU PONT DE NEMOURS AND COMPANY
- Opponent name
- Solotex Corporation
- Board
- 3.3.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 114(1)
- Keywords
- Extent of scrutiny ex officio by the Board
Silence of the opponent vis-à-vis a document presented as the closest prior art and experimental results provided by the patent proprietor
Public interest and equal treatment of the parties - Catchword
- see paragraphs 10,11
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the claims of the Main Request as filed during the oral proceedings, after any necessary adaptation of the description.