T 1736/09 of 30.01.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T173609.20140130
- Date of decision
- 30 January 2014
- Case number
- T 1736/09
- Petition for review of
- -
- Application number
- 01200301.8
- IPC class
- H01L 23/498
- 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
- Semiconductor chip assemblies, methods of making same and components for same
- Applicant name
- TESSERA, INC.
- Opponent name
- STMicroelectronics, Inc.
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 69(1)European Patent Convention Art 76(1) 1973Prot Interpretation Art 69
- Keywords
- Amendments - relationship between Art. 123(2) and Art. 123(3)
Amendments - broadening of claim (no)
Remittal to the department of first instance - Catchword
- In determining whether amendments made in opposition proceedings comply with the requirements of Article 123(3) EPC, the protection conferred by European patent is determined by the claims of the granted patent, the description and drawings of the granted patent being used to interpret the claims in accordance with Article 69(1) EPC and its Protocol (see point 1.1.8).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.