T 2600/12 of 19.05.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T260012.20170519
- Date of decision
- 19 May 2017
- Case number
- T 2600/12
- Petition for review of
- -
- Application number
- 06733596.8
- IPC class
- A62B 35/00
- 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
- VACUUM ANCHOR
- Applicant name
- D B Industries, Inc.
- Opponent name
- Latchways PLC
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56European Patent Convention Art 83European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Inventive step - main request (no)
Inventive step - auxiliary request (yes)
Late-filed request - adjournment of oral proceedings would have been required (yes) - Catchword
- -
- Cited cases
- G 0003/14
- 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 uphold the patent in the following version:
Claims:
1 - 8 in the version of Auxiliary Request 2 as filed with letter dated 19 April 2017.
Description:
pages 2 and 7 as filed during oral proceedings before the Board,
pages 1, 3 to 6 and 8 of the published patent specification.
Drawings:
Figures 1 - 16 of the published patent specification.