T 1689/12 of 05.10.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T168912.20161005
- Date of decision
- 5 October 2016
- Case number
- T 1689/12
- Petition for review of
- -
- Application number
- 05756220.9
- 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
- A DEVICE AND A METHOD FOR STABILIZING A METALLIC OBJECT
- Applicant name
- ABB AB
- Opponent name
- EMG Automation GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(c)European Patent Convention Art 123(2)European Patent Convention Art 123(3)European Patent Convention Art 56European Patent Convention Art 84European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Main request - could have been maintained in first instance proceedings (yes) (see points 1.2 and 1.4)
Auxiliary request - addition of independent claims to the set of claims maintained in first instance - admissible (yes) - inventive (yes)
Reformatio in peius - maintained claims in a set with other (added) claims cannot be challenged by non-appealing opponent (point 2.2.2) - Catchword
- -
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 in amended form on the basis of the following:
claims
1 to 17 filed as auxiliary request 1 with letter of 26 August 2016
description
pages 2 to 5 filed during the oral proceedings
figures
1 to 8 of the patent as granted