T 1767/09 of 02.04.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T176709.20140402
- Date of decision
- 2 April 2014
- Case number
- T 1767/09
- Online on
- 13 June 2014
- Petition for review of
- -
- Application number
- 01308335.7
- IPC class
- H01T 13/38
- 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
- Spark plug
- Applicant name
- NGK Spark Plug Co., Ltd
- Opponent name
- Federal-Mogul Ignition GmbH
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 104European Patent Convention Art 54 1973European Patent Convention Art 56 1973
- Keywords
- Novelty - main request (no)
Inventive step - first auxiliary request (no) - second auxiliary request (yes)
Apportionment of costs - (no) - Catchword
- -
- Cited cases
- -
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside including the part relating to the apportionment of costs.
2. The case is remitted to the department of first instance with the order to maintain the patent in amended form in the following version:
Description: pages 2 to 7, 15 to 18 and 21 to 24 filed as second auxiliary request with letter dated 12 March 2010;
pages 8 to 14, 19 and 20 of the patent specification.
Claims: 1 to 5 of the second auxiliary request filed with letter dated 12 March 2010.
Drawings: Figures 1 to 5 of the patent specification.