T 0789/12 of 30.01.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T078912.20140130
- Date of decision
- 30 January 2014
- Case number
- T 0789/12
- Petition for review of
- -
- Application number
- 04727948.4
- 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
- TOLERANCE RING ASSEMBLY
- Applicant name
- Saint-Gobain Performance Plastics Rencol Limited
- Opponent name
- Schmidt, Ryan
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Main request - added subject-matter (yes)
Auxiliary request - late filed (admitted)
Auxiliary request - added subject-matter (no)
Auxiliary request - novelty and inventive step (yes) - Catchword
- -
- Cited cases
- G 0001/99
- Citing cases
- T 2129/14
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
the first auxiliary request (claims 1 to 3) as filed at the oral proceedings before the Board of Appeal,
pages 3, 4 and 5 of the description as granted (published patent specification) and page 2 of the description filed on 18 January 2012 during the oral proceedings before the opposition division, and
the drawings as granted.