T 1171/13 of 01.10.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:T117113.20151001
- Date of decision
- 1 October 2015
- Case number
- T 1171/13
- Petition for review of
- -
- Application number
- 04090325.4
- IPC class
- C22C 29/08B22F 3/10
- 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
- Cemented carbide, coated cemented carbide member and production processes of the same
- Applicant name
- Tungaloy Corporation
- Opponent name
- Sandvik Intellectual Property AB
- Board
- 3.2.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 122European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 101(1)European Patent Convention R 126(2)European Patent Convention R 134(1)European Patent Convention R 136Rules of procedure of the Boards of Appeal Art 12(4)Rules of procedure of the Boards of Appeal Art 13
- Keywords
- Re-establishment of rights - all due care (yes)
Novelty
Inventive step - Catchword
- -
- Cited cases
- G 0001/86J 0005/80J 0031/90J 0003/93T 0429/90T 0828/94T 0949/94T 1062/96T 0335/06T 1465/07T 0836/09
- Citing cases
- -
Order
For these reasons it is decided that:
1. The request of the appellant for re-establishment of rights is granted.
2. The decision under appeal is set aside.
3. The case is remitted to the Opposition Division with the order to maintain the patent in amended form on the basis of the following documents:
- Claims 1 to 6 of the 2nd Auxiliary Request as filed at the oral proceedings before the Board of Appeal on 1 October 2015;
- Description, pages 2 to 10, as filed at the oral proceedings before the Board of Appeal on 1 October 2015.