T 1732/13 of 13.12.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T173213.20171213
- Date of decision
- 13 December 2017
- Case number
- T 1732/13
- Online on
- 5 March 2018
- Petition for review of
- -
- Application number
- 06013230.5
- IPC class
- A47J 31/40B65D 81/00
- 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
- Capsule with sealing means
- Applicant name
- Nestec S.A.
- Opponent name
- STRAWMAN LIMITED
- Board
- 3.2.04
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 76(1)European Patent Convention Art 123(2)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Novelty of claim 1
Novelty - main and first auxiliary requests (no)
Added subject-matter - second to tenth auxiliary requests (yes)
Admission of eleventh auxiliary request (yes) - Catchword
- -
- Cited cases
- -
- 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 follows:
-claims : 1-8 of auxiliary request XI, filed on 13 December 2017 during the oral proceedings
-description : pages 2-6 as filed on 24 April 2013 during oral proceedings of the opposition division
-figures : 1-14 as published in the patent specification.