T 1717/13 of 14.06.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T171713.20160614
- Date of decision
- 14 June 2016
- Case number
- T 1717/13
- Petition for review of
- -
- Application number
- 02011281.9
- IPC class
- B41C 1/10
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Plate producing apparatus
- Applicant name
- Dainippon Screen Mfg. Co., Ltd.
- Opponent name
- Heidelberger Druckmaschinen AG
- Board
- 3.2.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(2)European Patent Convention Art 56 1973European Patent Convention R 67 1973
- Keywords
- Substantial procedural violation - reimbursement of appeal fee (no)
Statement of the opposition division not to accept further auxiliary requests (inappropriate)
Amendments - intermediate generalisation allowable (yes)
Inventive step - main request (yes) - Catchword
- Inappropriate statement of the opposition division not to accept further auxiliary requests, see point 1.5.
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 with the following version:
- claims 1 to 7 filed as main request with letter dated 27 May 2016;
- description: pages 2 and 2A filed at the oral proceedings before the board of appeal;
- description: pages 3 to 8 of the patent specification;
- figures 1 to 10 of the patent specification.
3. The request for reimbursement of the appeal fee is refused.