T 1192/09 of 28.06.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T119209.20130628
- Date of decision
- 28 June 2013
- Case number
- T 1192/09
- Petition for review of
- -
- Application number
- 02719839.9
- IPC class
- G02B 5/22B42D 15/00C09C 1/00
- 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
- MAGNETIC THIN FILM INTERFERENCE DEVICE OR PIGMENT AND METHOD OF MAKING IT, PRINTING INK OR COATING COMPOSITION, SECURITY DOCUMENT AND USE OF SUCH A MAGNETIC THIN FILM INTERFERENCE DEVICE
- Applicant name
- SICPA HOLDING SA
- Opponent name
- -
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973
- Keywords
- Inventive step - after amendment
- Catchword
- The skilled person would not have readily envisaged the claimed modification of the closest prior art, because he would not have realised that it would be beneficial in terms of a technical effect mentioned in none of the available prior art (see point 3, in particular points 3.4 to 3.7).
Additional support in favour of an inventive step provided by the actual developments in the relevant technical field (see point 3.9) - Cited cases
- T 1019/99
- 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 as amended in the following version:
Description: pages 2, 3, 3a and 4-7 as filed with letter of 14 June 2013;
Claims: 1-11 of the main request as filed with letter of 3 May 2011;
Drawings sheets: 1/3-3/3 of the patent specification.