European Patent Office

T 1440/12 of 27.06.2017

European Case Law Identifier
ECLI:EP:BA:2017:T144012.20170627
Date of decision
27 June 2017
Case number
T 1440/12
Petition for review of
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Application number
99905225.1
IPC class
H01J 61/20
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
MERCURY-FREE METAL HALIDE LAMP
Applicant name
Toshiba Lighting & Technology Corporation
Opponent name
OSRAM GmbH
Board
3.4.03
Headnote
-
Keywords
Claims - clarity (no)
Basis of decision - text submitted or agreed by patent proprietor (no)
Catchword
In the case of opposition, the intention behind Article 113(2) EPC 1973 is that the EPO may not maintain a patent according to a particular text unless the proprietor has consented unambiguously to the patent being maintained in that form. The "text submitted" is to be understood to mean a text submitted by the proprietor with the clear intention that the patent be maintained according to that text, at least as an auxiliary measure (Reasons, point 10.2).
Citing cases
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Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. European patent No. 1 037 258 is revoked.