T 1232/09 (SiOXNY Layer/GUARDIAN) of 31.07.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T123209.20120731
- Date of decision
- 31 July 2012
- Case number
- T 1232/09
- Online on
- 19 October 2012
- Petition for review of
- -
- Application number
- 01914608.3
- IPC class
- C03C 17/36
- 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
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- Application title
- Low-emissivity glass coatings having a layer of silicon oxynitride and methods of making same
- Applicant name
- Guardian Industries, Inc.
- Opponent name
- Pilkington Deutschland AG
SAINT-GOBAIN GLASS FRANCE - Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 83Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Main request and auxiliary requests 1 to 5: Inventive step (no) - obvious alternative
Auxiliary request 6: Inventive step (yes) - non-obvious alternative - Catchword
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- Cited cases
- -
- 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 on the basis of claims 1 to 12 of the sixth auxiliary request submitted with letter dated 9 January 2009, and a description to be adapted if appropriate.