T 1903/13 of 27.04.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T190313.20170427
- Date of decision
- 27 April 2017
- Case number
- T 1903/13
- Petition for review of
- -
- Application number
- 01128644.0
- IPC class
- G01M 13/04G01P 3/44
- 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
- Rolling bearing apparatus with sensor
- Applicant name
- NSK LTD
- Opponent name
- SKF BV
- Board
- 3.4.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 123(1)European Patent Convention Art 56 1973Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Admissibility of diverging auxiliary requests (no)
- Catchword
- It is within the board's discretion not to admit auxiliary requests which define subject-matter "diverging" from subject-matter of higher ranking requests, including those requests which, in essence, were filed during first-instance proceedings and re-filed with the respondent's reply, but were not examined by the first-instance department. See point 3.3 of the Reasons.
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.