T 0140/13 of 17.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T014013.20160617
- Date of decision
- 17 June 2016
- Case number
- T 0140/13
- Online on
- 31 August 2016
- Petition for review of
- -
- Application number
- 06800684.0
- IPC class
- B05B 9/04B05B 12/14B05B 12/08
- 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
- PAINT CIRCULATING SYSTEM AND METHOD
- Applicant name
- Finishing Brands Holdings Inc.
- Opponent name
- Dürr Systems GmbH
- Board
- 3.2.07
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 83European Patent Convention Art 123(2)European Patent Convention Art 54(2)European Patent Convention Art 56Rules 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)Rules of procedure of the Boards of Appeal Art 11
- Keywords
- Sufficiency of disclosure - main request (no)
Sufficiency of disclosure - auxiliary request (yes)
Novelty - (yes)
Inventive step - (yes)
Fundamental procedural defect - (no)
Late-filed evidence - admitted (no)
Remittal to the department of first instance - (no) - 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 opposition division with the order to maintain the patent on the basis of the following documents:
- claims 1 to 20 of the first auxiliary request filed during the oral proceedings before the board,
- description: page 2 filed during the oral proceedings before the board and pages 3 to 6, lines 1 to 11, of the patent specification and
- figures 1 to 3 of the patent specification.