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)
- Download
- Decision in English
- 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.