T 2541/11 of 17.12.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T254111.20141217
- Date of decision
- 17 December 2014
- Case number
- T 2541/11
- Petition for review of
- -
- Application number
- 03255218.4
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Turbochargers
- Applicant name
- Napier Turbochargers Limited
- Opponent name
- Abb Turbo Systems AG
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112a(2)(c)European Patent Convention Art 113(1)European Patent Convention Art 114(2)European Patent Convention Art 123(2)European Patent Convention Art 54(3)European Patent Convention Art 56European Patent Convention R 106
- Keywords
- Late-filed document - admitted (no)
Amendments - added subject-matter (no)
Novelty - (yes)
Inventive step - (yes)
Right to be heard - appeal procedure
Right to be heard - opportunity to comment (yes) - Catchword
- Reasons 3.2, 3.3, 4
- Cited cases
- G 0009/91
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 as amended in the following version:
Claims: 1-8 of the main request, filed as auxiliary request 3 with letter of 9 July 2012 and renumbered with letter of 15 December 2014
Description: page 2 as filed with letter of 9 July 2012, pages 3,4 as in the specification,
Figures: as in the specification.