T 0383/11 (Hybrid generator apparatus/Da Ponte) of 17.04.2012
- European Case Law Identifier
- ECLI:EP:BA:2012:T038311.20120417
- Date of decision
- 17 April 2012
- Case number
- T 0383/11
- Petition for review of
- -
- Application number
- 97954466.5
- IPC class
- H02J 9/06
- 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
- Hybrid generator apparatus
- Applicant name
- Da Ponte, Manuel Dos Santos
- Opponent name
- Cummins Inc.
- Board
- 3.5.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56
- Keywords
- New requests after remittal which reopen examination - admissibility - main and first auxiliary requests (no)
Main and first auxiliary requests - disregarded
Second auxiliary request - inventive step (yes) - Catchword
- When after remittal the proprietor files new requests which require examination to be re-opened on issues that have already been judged upon by the Board of Appeal, without the justification that might be provided, for example, by the proprietor being faced with a new situation, then such requests should be deemed to be inadmissible.
See reasons for the decision, point 1.
ORDER
For the above 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 in the following version:
Description:
- pages 2, 2a, 3, 4 and 11 filed at the oral proceedings of 17 April 2012,
- pages 5 to 10 of the patent specification
Claims:
- 1 to 9 of the second auxiliary request filed at the oral proceedings of 17 April 2012
Drawings:
- figures 1 to 14 of the patent specification.