European Patent Office

T 2129/12 of 26.10.2016

European Case Law Identifier
ECLI:EP:BA:2016:T212912.20161026
Date of decision
26 October 2016
Case number
T 2129/12
Petition for review of
-
Application number
01125788.8
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
Method of manufacturing the sidewall of a pneumatic tire
Applicant name
Sumitomo Rubber Industries, Ltd.
Opponent name
Pirelli Tyre S.p.A.
Board
3.2.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2)European Patent Convention Art 84 1973European Patent Convention R 80Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
Keywords
Main request - submitted with the statement of grounds of appeal (admitted)
Amendments - added subject-matter
Amendments - main request (yes)
Amendments - auxiliary request (no)
Claims - clarity
Claims - auxiliary request (yes)
Amendment occasioned by ground for opposition - auxiliary request (yes)
Late-filed auxiliary request - amendments after arrangement of oral proceedings (admitted)
Remittal to the department of first instance (yes)
Catchword
-
Cited cases
G 0010/91
Citing cases
-

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of first instance for further prosecution.