T 0792/12 of 14.09.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T079212.20160914
- Date of decision
- 14 September 2016
- Case number
- T 0792/12
- Petition for review of
- -
- Application number
- 07008152.6
- IPC class
- F01N 7/10
- 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
- Exhaust manifold for internal combustion engine
- Applicant name
- NISSAN MOTOR CO., LTD.
- Opponent name
- Friedrich Boysen GmbH & Co. KG
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 69(1)Rules of procedure of the Boards of Appeal Art 13(1)
- Keywords
- Novelty - main request, auxiliary request 3 (no); auxiliary requests 5 and 11 (yes)
Amendments - added subject matter
Amendments - auxiliary requests 1, 2 and 4 (yes)
Inventive step - auxiliary request 5 (no); auxiliary request 11 (yes)
Substantial procedural violation - appealed decision sufficiently reasoned (no)
Remittal to the department of first instance - (no)
Reimbursement of appeal fee - (no)
"Interruption by the Board of a party's pleading - impartiality (Point 2.1 to 2.3)" - Catchword
- -
- Cited cases
- T 0056/87
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 7 of auxiliary request 11 as filed during the oral proceedings before the Board and of a description and drawings to be adapted to these claims.
3. The request for reimbursement of the appeal fee is refused.