T 0756/09 (Fluid flow simulation/MOLDFLOW) of 18.03.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T075609.20150318
- Date of decision
- 18 March 2015
- Case number
- T 0756/09
- Petition for review of
- -
- Application number
- 98905149.5
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method for modelling three-dimensional objects and simulation of fluid flow
- Applicant name
- Moldflow Pty. Ltd.
- Opponent name
- Dassault Systèmes SA
- Board
- 3.5.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 104(1)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84European Patent Convention R 88(1)Rules of procedure of the Boards of Appeal Art 16
- Keywords
- Late-filed argument - admitted (yes)
Grounds for opposition - added subject-matter (yes)
Oral proceedings - request for continuation of proceedings in writing
Oral proceedings - request for further oral proceedings
Amendment occasioned by ground for opposition - late-filed request (admitted)
Amendment occasioned by ground for opposition - amendments allowable (yes)
Apportionment of costs - (no) - Catchword
- -
- Citing cases
- -
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 amended form on the basis of the following documents:
Description:
pages 3, 4 and 5 as submitted in the oral proceedings on 18 March 2015,
pages 2, 6, 7, 8 and 9 of the patent specification;
Claims:
1 to 34 of the main request submitted at 15:00 in the oral proceedings on 18 March 2015;
Drawings:
figures 1 to 17 of the patent specification.
3. The respondent's request for an apportionment of costs is refused.