European Patent Office

T 0711/13 of 05.10.2016

European Case Law Identifier
ECLI:EP:BA:2016:T071113.20161005
Date of decision
5 October 2016
Case number
T 0711/13
Petition for review of
-
Application number
08003712.0
IPC class
B41J 2/175
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
Ink cartridge, set of ink cartridges, and ink cartridge determination system
Applicant name
Brother Kogyo Kabushiki Kaisha
Opponent name
Pelikan Hardcopy Production AG
Board
3.2.05
Headnote
-
Relevant legal provisions
European Patent Convention Art 100(c) 1973European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Amendments (main request and auxiliary requests 1 to 7)
Amendments - extension beyond the content of the application as filed (yes)
Late-filed auxiliary requests 7a to 7f not admitted
Late-filed auxiliary requests - prima facie not allowable
Late-filed auxiliary request 7g - admitted (yes)
Catchword
-
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 as amended according to the following version:

- claims 1 to 8 filed as auxiliary request 7g with letter of 5 September 2016,

- description page 2 as filed during oral the proceedings and pages 3 to 14 of the patent specification,

- figures 1 to 22(b) of the patent specification.