European Patent Office

T 1019/13 of 24.11.2015

European Case Law Identifier
ECLI:EP:BA:2015:T101913.20151124
Date of decision
24 November 2015
Case number
T 1019/13
Petition for review of
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Application number
07766772.3
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
FLEXIBLE HOSE OF THERMOPLASTIC MATERIAL FREE OF LIQUID PLASTICIZER AGENTS
Applicant name
FITT SPA
Opponent name
REHAU AG + Co
RESITECH Germany GmbH
Board
3.3.09
Headnote
-
Relevant legal provisions
European Patent Convention Art 123(2)European Patent Convention Art 54European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 13(1)
Keywords
Admission of new ground of opposition
Admission of late-filed claim requests
Admission of late-filed documents
Admission of new inventive-step attack
Novelty
Inventive step - selection of closest prior art
Allowability of amendments
Catchword
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Citing cases
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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 claims 1 to 14 filed as auxiliary request 1a during the oral proceedings before the board on 24 November 2015, and after any necessary consequential adaptation of the description and the drawings.