T 0738/11 of 26.11.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T073811.20141126
- Date of decision
- 26 November 2014
- Case number
- T 0738/11
- Online on
- 4 February 2015
- Petition for review of
- -
- Application number
- 00203299.3
- 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
- Toothbrushes
- Applicant name
- Colgate-Palmolive Company
- Opponent name
- The Procter & Gamble Company
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 84European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)European Patent Convention Art 114(2)Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Main request and 1st to 4th auxiliary requests:
extension beyond the content of the application as filed - not allowable;
5th to 7th auxiliary requests:
extension beyond the content of the application as filed - not admitted;
D12 and D13 filed during oral proceedings - admitted;
8th auxiliary request:
admitted into proceedings, inventive step (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 Opposition Division with the order to maintain the patent on the basis of:
(a) Claims 1 and 2 of the eighth auxiliary request filed during the oral proceedings of 26 November 2014
(b) Pages numbered 2 and 3 of the amended description filed during the oral proceedings of 26 November 2014;
(c) Figures 1 to 5 as granted.