T 1058/10 of 09.09.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T105810.20140909
- Date of decision
- 9 September 2014
- Case number
- T 1058/10
- Online on
- 10 October 2014
- Petition for review of
- -
- Application number
- 01915575.3
- 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
- GEAR WHEELS ROLL FORMED FROM POWDER METAL BLANKS
- Applicant name
- Stackpole Powertrain International ULC
- Opponent name
- GKN Corporate Centre / GKN Sinter Metals Holding
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention Art 100(b) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 12(1)Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Novelty - main request, auxiliary requests 1-4 (no)
Late filed argument - not substantiated by evidence
Amendments - auxiliary request 5
Amendments - added subject matter (yes)
Inventive step - auxiliary request 6 (yes)
Sufficiency of disclosure - (yes) - Catchword
- -
- 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 in the following amended form:
Description: pages 2, 2a and 3 filed during the oral proceedings of 9 September 2014;
Claims: 1 to 4 of the sixth auxiliary request filed during the oral proceedings of 9 September 2014; claims 5 to 10 of the sixth auxiliary request filed with letter dated 8 August 2014;
Figures: 1 to 7 as granted.