T 2175/12 of 24.06.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T217512.20150624
- Date of decision
- 24 June 2015
- Case number
- T 2175/12
- Online on
- 20 July 2015
- Petition for review of
- -
- Application number
- 03716228.6
- IPC class
- G01N 21/84A61F 13/15
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- PROCESS FOR DETECTION OF MARKED COMPONENTS OF A COMPOSITE ARTICLE USING INFRARED BLOCKERS
- Applicant name
- KIMBERLY-CLARK WORLDWIDE, INC.
- Opponent name
- THE PROCTER & GAMBLE COMPANY
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 83 1973European Patent Convention Art 54 1973European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Amendments - auxiliary requests 2 and 6
Amendments - added subject-matter (yes)
Amendments - auxiliary request 12
Amendments - added subject-matter (no)
Sufficiency of disclosure - (yes)
Novelty - (yes)
Novelty - auxiliary request 12
Inventive step - (yes)
Inventive step - auxiliary request 12 - Catchword
- -
- Cited cases
- -
- 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 with the order to maintain the patent on the basis of:
- auxiliary request 12 comprising claim 1 as filed during the oral proceedings,
- description: pages 2,2a,2b,3,4,9,11,13,14,15,16 and 17 filed during the oral proceedings,
- description : pages 5,6,7,8,10,12 as granted,
- figures as granted.