T 2449/12 of 28.10.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T244912.20141028
- Date of decision
- 28 October 2014
- Case number
- T 2449/12
- Petition for review of
- -
- Application number
- 99105071.7
- IPC class
- C22C 38/02C21D 8/12
- 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
- Method of producing a grain-oriented electrical steel sheet excellent in magnetic characteristics
- Applicant name
- Nippon Steel & Sumitomo Metal Corporation
- Opponent name
- ThyssenKrupp Electrical Steel GmbH
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(a)European Patent Convention Art 114European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(2)
- Keywords
- Fresh ground of opposition (not admitted)
Late-filed documents (admitted)
Inventive step - (yes) - Catchword
- When neither the merit nor the admittance of a ground of opposition which was late-raised and withdrawn during the opposition proceedings have been addressed in the decision under appeal, this ground is considered a fresh ground of opposition which cannot be introduced into the appeal proceedings without the consent of the patent proprietor.
The fact that the opposition division did not raise this ground of opposition of its own motion does not imply that it took a decision - subject to review of the board of appeal - to disregard it, as it might have been the case if this late-filed ground had been maintained (see point 2 of the Reasons). - Cited cases
- G 0009/91
- Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.