European Patent Office

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
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Application number
98929636.3
IPC class
B22D 11/06
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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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
-
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
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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.