European Patent Office

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
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
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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.