T 0562/12 of 08.01.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T056212.20160108
- Date of decision
- 8 January 2016
- Case number
- T 0562/12
- Petition for review of
- -
- Application number
- 04729213.1
- IPC class
- B21D 22/02C23C 2/26C23C 2/06
- 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
- HOT PRESS FORMED PRODUCT AND METHOD FOR PRODUCTION THEREOF
- Applicant name
- Nippon Steel & Sumitomo Metal Corporation
TOYOTA JIDOSHA KABUSHIKI KAISHA
Toyoda Iron Works Co., Ltd. - Opponent name
- Benteler Automobiltechnik GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54(3) 1973European Patent Convention Art 54(4) 1973European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Novelty - main request and first to fourth auxiliary requests (no)
Novelty - fifth auxiliary request (yes)
Third auxiliary request - admitted (yes)
Late-filed fifth auxiliary request - admitted (yes)
Inventive step - fifth auxiliary request (yes)
Sufficiency of disclosure - fifth auxiliary request (yes)
Amendments - fifth auxiliary request
Amendments - clarity (yes)
Amendments - added-subject-matter (no) - 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 opposition division with the order to maintain the patent on the basis of claims 1 to 4 according to the fifth auxiliary request filed with letter dated 8 December 2015 as well as amended pages 4 and 11 of the description as filed during the oral proceedings on 8 January 2016 and pages 3 and 5 to 10 of the description as filed on 23 November 2011 and figures 1 and 2 as granted.