T 1870/08 of 13.03.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T187008.20120313
- Date of decision
- 13 March 2012
- Case number
- T 1870/08
- Petition for review of
- -
- Application number
- 88302050.5
- IPC class
- H01L 39/24H01B 12/00
- 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
- Superconducting wire and method of manufacturing the same
- Applicant name
- Kabushiki Kaisha Toshiba
- Opponent name
- SIEMENS AKTIENGESELLSCHAFT
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 123(2)European Patent Convention Art 123(2) 1973European Patent Convention Art 123(3)European Patent Convention Art 54 1973European Patent Convention Art 54(3)European Patent Convention Art 56 1973European Patent Convention Art 69(1)European Patent Convention Art 83 1973European Patent Convention R 29(1) 1973European Patent Convention R 43(1)Rules of procedure of the Boards of Appeal Art 21
- Keywords
- Test for compliance with Art. 123(2) EPC of undisclosed disclaimers in the light of G 1/03 and G 2/10
- Catchword
- The test of G 2/10 also applies to an amendment involving an undisclosed disclaimer by means of which a claim has been rendered new over a European patent application according to Article 54(3) EPC. The examination of the admissibility of the amendment for compliance with Article 123(2) EPC must be made separately for the disclaimer per se and for the subject-matter remaining in the claim (see point 4. of the Reasons).
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 with the order to maintain the patent in an amended form on the basis of the following documents:
Description, Pages
2a, 3-9 as filed during oral proceedings on 17.10.2007 before the opposition division,
2 as filed during oral proceedings before the board,
Claims
1-36 as filed with letter dated 10 February 2012 and marked "Main Request",
Drawings, Sheets
1/3-3/3 of the patent specification.