European Patent Office

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)
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.