T 2291/08 of 08.11.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:T229108.20101108
- Date of decision
- 8 November 2010
- Case number
- T 2291/08
- Petition for review of
- -
- Application number
- 98929636.3
- IPC class
- B22D 11/06
- 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
- Continuous casting process for producing low carbon steel strips and strips so obtainable with good as cast mechanical properties
- Applicant name
- ThyssenKrupp Acciai Speciali Terni S.p.A., et al
- Opponent name
- Castrip, LLC
- Board
- 3.2.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 114(1)European Patent Convention R 103(1)(a)European Patent Convention R 81(1)
- Keywords
- Introduction of a new ground of opposition by the opposition division - substantial procedural violation (yes)
Reimbursement of appeal fee (yes) - Catchword
- A ground of opposition (in this case Article 100(c) EPC) introduced by an opposition division under Article 114(1) EPC must be prima facie highly relevant. Given that, firstly, a previous board of appeal had expressly stated that the amendments were supported by the application as originally filed, and secondly, it is plausible from the application as a whole that the amendments are disclosed, it cannot be said that the allegations under Article 100(c) EPC are prima facie highly relevant. In these circumstances introduction of the new ground by the opposition division amounts to a serious procedural violation justifying reimbursement of the appeal fee.
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to an opposition division for further prosecution, with a recommendation to change the composition of the opposition division.
3. The appeal fee is reimbursed.