T 2060/09 of 22.02.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T206009.20130222
- Date of decision
- 22 February 2013
- Case number
- T 2060/09
- Petition for review of
- -
- Application number
- 99109245.3
- 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
- Sealed container including a nozzle with a sealing bead
- Applicant name
- AUTOMATIC LIQUID PACKAGING, INC.
- Opponent name
- kocher-plastik Maschinenbau GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56
- Keywords
- Claim 1 main request - lack of novelty, features relating to a second entity not to be considered (points 2.3, 3.2 and 4.1)
Relevance and public availability of prior use - container - no convincing reasons for deviation from the impugned decision (point 6.2)
Relevance to be differently assessed with respect to inventive step (points 6.3, 6.3.1 and 6.3.2)
Inventive step - no, distinguishing feature without particular effect (points 8.1.3, 8.2.1 and 8.2.3) - Catchword
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The appeal of the patent proprietor is dismissed.
2. The decision under appeal is set aside.
3. The patent is revoked.