T 2414/10 (Zn-Ni plating/Coventya) of 10.12.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T241410.20131210
- Date of decision
- 10 December 2013
- Case number
- T 2414/10
- Petition for review of
- -
- Application number
- 00951046.2
- IPC class
- C25D 3/56C25D 17/10
- 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
- ZINC-NICKEL ELECTROPLATING
- Applicant name
- Coventya, Inc.
- Opponent name
- Atotech Deutschland GmbH
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of a late-filed request before the board (yes) - request not admitted before the department of first instance: discretion exercised in an unreasonable way
Clarity (yes) - use of a term having a well-recognised technical meaning
Inventive step - main and first auxiliary request (no) obvious solution - Second auxiliary request (yes) non obvious alternative - Catchword
- -
- 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 amended form on the basis of claims 1 to 9 according to auxiliary request 2, submitted with the letter dated 11 March 2011, and an amended description.