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
- -
- Application number
- 99905225.1
- IPC class
- H01J 61/20
- 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
- MERCURY-FREE METAL HALIDE LAMP
- Applicant name
- Toshiba Lighting & Technology Corporation
- Opponent name
- OSRAM GmbH
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a) 1973European Patent Convention Art 100(c) 1973European Patent Convention Art 101(3)(a)European Patent Convention Art 101(3)(b)European Patent Convention Art 113(2) 1973European Patent Convention Art 52(1)European Patent Convention Art 54 1973European Patent Convention Art 56 1973European Patent Convention Art 84 1973European Patent Convention R 71(2) 1973Rules of procedure of the Boards of Appeal Art 15
- 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
- -
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.