T 2438/13 of 23.06.2017
- European Case Law Identifier
- ECLI:EP:BA:2017:T243813.20170623
- Date of decision
- 23 June 2017
- Case number
- T 2438/13
- Petition for review of
- -
- Application number
- 05753441.4
- IPC class
- B60C 11/01B60C 11/00B60C 11/04
- 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
- PNEUMATIC TIRE
- Applicant name
- Bridgestone Corporation
- Opponent name
- MICHELIN Recherche et Technique S.A.
- Board
- 3.2.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b)European Patent Convention Art 54(3)European Patent Convention Art 56Rules of procedure of the Boards of Appeal Art 12(4)
- Keywords
- Correct exercise of discretion by the first instance not to admit late-filed documents - (yes)
Late-filed documents
Late-filed document - admitted (no)
Novelty - main request (no)
Inventive step - first auxiliary request (yes)
Sufficiency of disclosure - (yes) - Catchword
- -
- 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 amended in the following version:
- Claims 1 to 3 according to the first auxiliary request filed with the letter of 8 June 2017;
- Description, pages 2 to 8 as filed during the oral proceedings on 23 June 2017;
- Figures 1 to 9 of the patent specification.