T 1033/10 of 21.03.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T103310.20130321
- Date of decision
- 21 March 2013
- Case number
- T 1033/10
- Petition for review of
- -
- Application number
- 01915675.1
- IPC class
- F01N 3/28
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Holding and sealing mat material
- Applicant name
- IBIDEN CO., LTD.
- Opponent name
- 3M Innovative Properties Company
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request and first, third and fifth auxiliary requests - clarity (no)
Final set of requests not admitted - state of the proceedings and procedural economy - Catchword
- The state of the proceedings and the need for procedural economy taken together imply a requirement on a party to present appropriate requests as soon as possible if such requests are to be admitted and considered. (point 5.5)
If an objection (made by a party and/or by the Board) is not fully understood in a particular case, it is then, at the very least, incumbent on the party having difficulties with understanding an objection to indicate this at the earliest possible stage and make appropriate effort to have the objection clarified. A lack of understanding alone cannot justify postponing amendments to a party's case until a later stage in the proceedings.(point 5.9) - Cited cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.