T 1207/11 of 18.10.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:T120711.20131018
- Date of decision
- 18 October 2013
- Case number
- T 1207/11
- Petition for review of
- -
- Application number
- 03730980.4
- IPC class
- B65D 65/42B65D 81/24B65D 5/62
- 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
- A METHOD OF PROVIDING A PACKAGE WITH A BARRIER AND THE PACKAGE THUS OBTAINED
- Applicant name
- Tetra Laval Holdings & Finance S.A.
- Opponent name
- SIG Technology AG
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Inventive step - first auxiliary request (no)
Amendments - extension beyond the content of the application as filed (description) (no)
Fresh ground for opposition - admitted (no)
Claims - clarity in opposition appeal proceedings - cannot be contested in the case of combinations of claims as granted
Late filed argument - change of the party's case - admitted (no) - Catchword
- -
- Cited 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 on the basis of the following documents:
description: pages 2 and 6 to 8 of the patent as granted, and pages 3, 4 and 5 as filed at the oral proceedings,
claims: 1 to 35 of the first auxiliary request filed with letter of 17 September 2013,
figures: figures 1 to 3 of the patent as granted.